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THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 

LOS  ANGELES 


THE 

PARLIAMENTARY 

O    R 
CONSTITUTIONAL 

Hiftory  of  England; 

From"  the    earliefl    TIMES, 
TO  THE 

Reftoration  of  King  CHARLES  II. 


COLLECTED 


From  the  RECORDS,  the  ROLLS  of  PARLIAMENT,  the  JOUR- 
NALS of  both  HOUSES,  the  public  LIBRARIES,  original  MA- 
NUSCRIPTS, fcarce  SPEECHES,  and  TRACTS  j  all  compared 
with  the  feveral  Contemporary  WRITERS,  and  connected, 
throughout,  with  the  Hiftory  of  the  Times. 


By    SEVERAL     HANDS. 

The  SECOND  EDITION,  in  Twenty-four  Volumes. 

VOL.    I. 

Prom  the  Conqueft,  to  the  Depofal  of  King  Rickardll. 


LONDON, 

Printed  for  J.  and  R.  TONSON,  and  A.  MILLAR,  in  the  Strand;  and 
W.  SANBBY,  in  Fleet-Street.    MDCCLXII. 


To  His  Grace  ^  ,  7 

T    H    O    M    A' 

Lord  Archbifhop  of  CANTERBURY; 

T  O 

The  Right  Honourable 

P     H     I     L     I     P, 

Lord  HARDWICKE,  Lord  High  Chancellor 
of  GREAT-BRITAIN  ; 

AND    TO 

The  Right  Honourable 

ARTHUR  ONSLOW,  Efa 

Speaker  of  the  Honourable  Houfe  of 
COMMONS  ; 

The  following  Work  is,  with  the  utmoft  Gratis 
tude>  infcribed  by 

Yheir  moji  obliged, 

And  obedient  humble  Servants, 

jpril,  1751. 

The  COMPILERS. 
1272150 


THE 

PREFACE 

TO    THE 

FIRST    EDITION. 


c~T*HE  general  Neglett  of  all  our  Hiflorians, 
in  regard  to  the  Proceedings  of  Parliament, 
•which  may  be  jujlly  ftyled  the  Conftitutional  Hi* 
ftory  of  England,  Jirft  gave  Rife  to  this  Attempt: 
Thefe  Writers  are  fo  engaged  in  difplaying  the 
Accounts  of  Battles,  Sieges,  and  other  jlriking 
TranfaSlions  of  War  Abroad,  that  they  feem 
entirely  to  have  forgot  the  Sinews  of  it,  the  rai~ 
fmg  of  Supplies  by  Parliament,  at  Home  -y  ac- 
cording as  the  different  Exigencies  of  the  State 
required. 

This  great  Omiffion  induced  federal  Gentlemen, 
fome  Years  fine  e,  to  begin  to  colleft  proper  Mate- 
rials for  an  Authentic  Hiftory  of  the  Proceedings 
of  Parliament,  from  the  earliejl  Times. 

The  firjl  Step  neceffary  herein,  ivas  a  diligent 
Examination  of  the  Records,  the  Parliament- 
Rolls,  the  Journals  of  both  Houfes,  and  Public 
a  3  Libraries, 


vi        PREFACE. 

Libraries. — The  tracing  out  fuch  Particulars  as 
were  to  the  Purpofe  in  the  Firjl,  was  undertaken 
by  the  late  Mr.  George  Holmes,  Deputy-Keeper 
of  the  Records  in  the  Tower,  who  generoujly  of- 
fered his  Service  therein.  The  Lords'  Journals, 
the  Parliament-Rolls,  and  Rymer'-f  Fcedera, 
have  all  been  carefully  examined  by  fome  Gentle- 
men well  acquainted  with  Englifh  Hiftory,  who- 
chufe  rather  to.  defer™  well  of  the  Public,  than 

to  receive  their  Thanks. From  all  thcfe  have 

teen  extracted  fo  great  a  Variety  of  Tranf actions^ 
hitherto  unknown,  as  is  really  amazing.  Every 
Writer  of  Englifh  Hiftory,  except  Bifoop  Burner, 
has  entirely  neglecJed  the  Lords'  Journals :  And 
even  that  learned  prelate,  who  had  Liberty 
given  him  to  fearch  therein  for  Materials,  feems 
only  to  have  curforily  dipped  into.  them. Whe- 
ther the  huge  Number  of  Volumes  deterred  his 
Lordjhip,  or  the  Difficulty  of  procuring  thempre^ 
vented  other  Writers,  we  know  not :  But  the 
Publication  of  this  Work  will  dcmonjirably  prove y 
that  tbefe  great  Authorities  have  hitherto  been 
either  wholly  omitted,  or,  &  moft^  but  flight ly 
pajjed  over. 

The  Houfe  of  Commons  Moving,  a  few  Tears 
Jince,  ordered  their  Journals  to  be  printed,  a  Set 
of  thefe  were  fupplied  by  an  Honourable  Member 


PREFACE,       vii 

of  the  prefent  Parliament :  And  it  'would  be  the 
higheft  Injuftice  not  to  acknowledge  the  great  Care 
and  Accuracy  cbferved  in  the  noble  Edition  of 
that  Work. 

The  Public  Libraries,  and  particularly  the 
Cotton,  have  furnifhed  Abundance  of  Materials 
for  our  Purpofe,  which  are  omitted  even  in  the 
Journals  cf  both  Houfes.     Many  original  Manu- 
fcripts  and  fear ce  Pamphlets  have  alfobeen  com- 
municated by  private  Gentlemen ;  but  the  public 
Sale  o/'/^Harleyan  and  other  Libraries  belong-* 
ing  to  antient  Families,  have  fupplied  a  Variety 
not  to  be  exprejjed* 

In  a  Work  of  this  Nature  the  great  eft  Impar*- 

tiality  is  juflly  required-,  and  the  Compilers  per- 

Juade  themfelves  the  Event  willjhew,  that  it  has 

been  as  ftriftly  obferved.     A  few  Hints  of  the, 

Method  taken  herein  may  not  be  improper.     In 

the  earlier  fames  the  Work  is  chiefy  compiled 

from  the  Records,  /£<?  Parliament-Rolls,  and  the 

moft  refutable  antient  Writers  of  Englifh  Hi- 

Jlory:  In  the  Reign  of  Henry  VIII.  the  Lords* 

Journals  begin  -,  andt  under  Edward  VI.  thofe  of 

the  Commons.     The  Reigns  of  the  fucceeding 

Princes,  to  that  of  Charles  I.  have  been  written 

by  Contemporaries.     From  the  fame,  therefore* 


viii       P     R     E     F     A     C     E\ 

of  the  Commencement  of  the  Journals  of  either 
Houfe,  this  Work  may  be  faid  to  be,  if  nothing 
more)  A  Faithful  Abridgement  of  thofe  un- 
doubted Authorities. 

'  From  the  latter  End  of  King  James,  to  the 
Death  of  his  Son  Charles  I.  Whitlocke,  Claren- 
don, and  Rumworth  (contemporary  Hiflorians) 
have  been  consulted:  The  Firji  of  thefe  is  very 
exaffi ;  the  Second,  much  lefs  fo;  andt '  as  to  the 
Latter,  ive  are  for  ry  to  fay,  the  Public  have  not 
fo  many  Obligations  to  that  Gentleman  s  Collec- 
tions, -as  hath  been  generally  imagined. — For  In- 
Jlance,  one  among  many — An  Addrejs  of  Parlia- 
ment, entered  in  the  Lords'  Journals,  being  col- 
lated with  the  printed  Copy  of  Mr.  Rufhworth, 
fuch  Variations  and  Omiffions  appeared  as  were 
aftonijking.     That  thefe  Difcoveries  were  never 
made  before,  miift  be  owing  either  to  the  Difficulty 
cf  coming  at  the  Journals,    or  the  Trouble  of 
ft  arching  them-,  for  Party -Zeal  would  not  other- 
wife  have  fuffered  fuch  Miftakes  to  have  been  fo  • 
long  Juried  in  Silence.     However,  upon  this  In- 
Jight,  it  was  thought  necejjary  to  collate  all  the 
Kings  Speeches,  Meffages,  and  Declarations ;  as 
a/ft  the  fever  alAddreJes,  Remo?7/l  ranees,  Speeches, 
6cc.  in  each  Houfe,  fas  printed  in  Rufh worth) 

with  the  Journals,  and -federal  original  Manu- 

fcripts. 


PREFACE.         ix 

fcripts  and  Pamphlets  of  the  Times :  And  thh 
has  been  done  accordingly,  with  the  great  eft  Care 

and  Exaffnefs. Hereby  many  Omijjions  have 

been  fupplied,  and  obfcure  Pa// ages  rejtored:  But, 
at  the  fame  Time,  to  do  Mr.  Rufhworth  Jttftice, 
his  Text  is  added  by  Way  of  Note. 

The  References  made  to  Affs  of  Parliament, 
and  the  Tear-Booh,  and  other  Quotations,  in 
the  feveral  Speeches  and  Arguments,  have  all 
been  carefully  examined  by  an  ejninent  Barrijler 
at  Law. — The  moft  remarkable  Statutes  in  every 
Sejfion  of  Parliament  are  taken  Notice  of;  and 
the  State  of  the  Peerage  given  in  every  Reign ; 
as  alfo  a  general  Lift  of  the  Taxes  raifed,  and  the 
Price  of  Provifions,  by  which  the  Reader  will  be 
better  enabled  to  form  fome  Kind  of  judgment  of 
the  Value  of  Money  in  each  Reign. 

Upon  the  Whole,  nothing  in  the  Courfe  of  thh 
Work  is  laid  down  without  proper  Authority, 
which  is  always  referred  to  in  the  Margin.  The 
modern  Spelling  is  followed  throughout,  except  in 
feme  Inflances,  wherein  the  original  Orthography 
is  preferved,  merely  tojhew  the  different  Changes 
of  our  Language  in  the  feveral  fuccejjive  Ages* 

After  all  this,  the  Compilers  thought  it  their 
Duty  to  fubmit  the  Copy  to  the  Examination  of 

fome 


x         PREFACE. 

feme  Peers  of  the  Realm,  federal-Members  of  the 
Houfe  of  Commons,  and  other  Gentlemen  well 
njerjed  in  the  Laws  and  Confutations  of  their 
Country ',  who  'were  pleafed  to  approve  the  Defign. 

By  thefe  Inquiries  the  young  Nobility  and 
Gentry  of  this  Kingdom  will  be  better  injlrufted 
in  the  Conftitutional  Part  of  ity  and  conjequently 
more  enabled  to  ferve  their  Country  in  Parlia- 
ment;  jfc?  they  mil  fee,  at  one  View,  all  the 
Difputes  that  have  ever  happened  here  about  the 
Prerogative  of  the  Crown  and  the  Liberty  of  the 
Subject.— The  Gentlemen  of  the  Long  Robe  will 
meet  with  enough  for  their  Speculation,  and  per- 
haps Improvement  in  their  Profejfion;  many  Par- 
liamentary  Cafes,  Precedents,  and  Trials  falling 
in  the  Series  of  this  Work,  never  before  printed.— 
And  even  the  Clergy  will  Jind  that  a  great  deal 
ofChurcb-Hiftory  is  necejjarily  interwoven  in  it. 

The  FIRST  VOLUME  begins  with  the  Con- 
queft  -,  and  ends  with  the  Depofal  of  Richard  II. 

The  SECOND  extends  from  the  Accejfton  of 
Henry  IV.  to  the  Death  of  Henry  VII. 

The  THIRD  begins  with  the  Reign  of  Hen- 
ry VIII.  and  comes  down  to  the  breaking  out  of 
the  French  War*  5'°  Elizabeth. 


PREFACE.        xi 

hes  the  Reign  0/^  Elizabeth* 


T^FiFTH  begins  with  thcAccejfion  <?/"JamesL 
and  ends  with  the  ZQtb  Tear  of  his  Reign, 


SIXTH,  SEVENTH,  <Z;Z/EIGHTH  contl^ 
nue  the  Work  to  the  Meeting  of  the  Parliament, 
November  3,  1640,  the  Proceedings  whereof  do 
begin  our  NINTH  Volume.  -  And  here  we  enter 
upon  the  Hiftory  of  a  Parliament  of  fo  long  a 
Duration,  andfo  plentifully  jlored  with  Materials 
on  both  Sides  of  the  Queftion,  that  to  publijh 
every  Taking  would  fatiate  the  greediejl  Appetite 
for  Hiftory:  Many  Things  therefore  muft  be 
omitted  on  Account  of  their  Prolixity;  and  yet  we 
will  venture  to,  affirm  that  nothing  of  Moment, 
on  either  Side  the  Queftion,  will  be  wanting  to 
fet  forth  thefe  diftrafted  ¥imes  in  a  proper  Light. 
But  where  we  meet  with  Trials,  or  other  Matters 
of  too  great  a  Length,  and  fuch  as  are  printed 
jftngly,  ar  in  the  State-Trials,  f  which  are  in 
every  Eodys  Hands)  a  fuccinct  Account  of  them, 
only  may  be  thought  Jufficient* 

We  Jhall  not  trouble  the  Reader,  or  ourfelves,, 
in  giving  the  Sentiments  of  any  Writer  fmce  the 
Reiteration,  on  Matters  happening  in,  thofe 
¥imes,  though  the  Contemporary  Hijiorians  can- 

not 


211 


PREFACE. 


not  be  omitted^  especially  on  Affairs  purely  Parlia- 
mentary: But  of  the  Civil  Wars  iff  elf,  the  Bat- 
tles, Sieges,  and  other  bloody  'Tranf actions  of  it, 
wejhall  take  no  further  Notice  thanjuft  to  men- 
tion the  mojl  remarkable  of  them,  in  order  to  keep 
up  a  proper  Connexion. 


Jlood  the  Preface  to  the  firft  Eight  Vo- 
fumes  of  this  Hiftory,  which  were  publijhed  in 
the  Tear  1751.  A  bold  Undertaking,  to  Jlart 
Into  the  World,  at  once,  with  Jo  many  Volumes  •> 
•which  were  not  wrote  in  a  Garret,  at  fo  much 
a  Sheet  Letter-Prefs,  but  by  Perfons  animated 
with  a  Zeal  more  to  ferve  their  Country  than 
themfefoes -,  and  who  were  not  much  concerned 
what  Succefs  their  Labours  would  have  in  the 
World.  However,  it  muji  be  owned  that,  when 
they  found  the  Public  relifhed  their  Undertaking, 
by  the  quick  Sale  oj  the  firjl  Right  Volumes,  they 
were  more  encouraged  to  proceed  in  the  Work', 
which  miift  necejjarily  occafion  more  Expence  in 
1  collecting  Materials  for  their  Purpofe. 

In  the  Tear  1753   were  publifted  five  more 
Volumes  of  this  Work-,  the  Preface,  or  Introduc- 
tion,  to  which  is  left  founding,  as  it  was  in  the 
Jirjl  Edition,,  becaufe  the  Obfervations  there  made 

on. 


PREFACE.       xiii 

on  fome  of  the  principal  Collectors  and  Contem- 
porary Hijhrians  of  the  Times,  there  treated  of, 
are  necejfary  to  be  read  and  under Jlood  .by  thofe , 
'who  'would  make  themfehes  Majlers  of  the  Sub- 
ject.    For  the  'very  fame  Reafon  the  Preface  to 
the  Fourteenth  Volume,  which  came  out  in  1755, 
is  in  the  fame  Situation  it  Jlood  in  at  that  Time. 
And  the  Jhort  Introduction  to  the  Nineteenth 
Volume,  'which  appeared,  with  its  Partner,  in  the 
Tear  1757*  is  aljo  left,  becaufe  it  goes  on  with  a 
Recapitulation  of  the  chief  Materials  this  mighty 
Work  was  built  with,  and  the  friendly  Aid  which 
affijled  the  Compilers  of  it.     Lajlly,  inij6o  came 
out  two  more  Volumes,  which  bring  the  Hiftory 
down  to  near  its  dejigned  Period,  1 660  j  and  the 
next  Tear  the  Conclufive  Part,  'with  an  Appen- 
dix and  a  'very  'copious  Index,   were  publifhed, 
which  ends  this  whole  Work.     The  Preface  to 
•which  laft  Publication  is  reprinted  in  this  Edition, 
by  reafon  of  the  Matter  it  contains ;  'which,  to 
recapitulate  here,  would fwell  this  to  too  great  a 
Bulk. 

But,  notwithjlanding  what  has  been  faid,  by 
Way  ^Preface,  in  the  nrft  Edition  of  this  Work, 
there  is  an  abfolute  Neceffity  to  fay  fomewhat 
more  on  the  Publication  of  this  fecond,  to  Jhew 
the  Reader  the  Reafons  why  -  the  firil  Two  Vo- 
lumes 


xiv       PREFACE- 

lumes  of  them  are  fo  greatly  altered  from  the  for- 
mer•/  Very  foon  after  their  Appearance  in  the 
World  the  late  Duke  of  Argyle,  [Archibald]  who 
highly  dpprovd  of  the  Work,  fuggejled  one  great 
Omijpon,  in  quoting  from  the  printed  Abridge- 
ment of  the  Parliamentary  Records  in  the  Tower, 
when  we  Jhould  have  quoted  the  Originals;  as  the 
former,  bejides  many  Miftakes,  are  of  no  Authority 
in  the  Houfe  of Lords  ;  but  the  latter  fur ely  are. 

The  Duke  offered  us  the  Ufe  of  a  Copy  from  the 
Originals,  in  his  noble  Library,  to  conjult  before 
•we  reprinted  a  new  Edition,  which  he  faid  a 
Work  of  this  Kind  would  certainly  come  to± 

His  Grace's  Prophecy  of  a  iecond  Edition  of 
this  Work  was  fcarce  believed  at  that  'Time  by 
the  Compilers;  yet  his  Advice  was  taken,  though 
not  in  his  own  Way;  the  Attendance  on  the  Duke's 
Library  in  Town  being  found  incompatible  with 
the  Residence  of  the  Compilers,  who  live-d  in  the 
Country*  By  the  Favour  of  another  Nobleman, 
now  in  high  Station,  and  of  great  Dijlinttion, 
another  Copy  was  borrowed*  which  proved  to  be 
the  frft  that  ever  was  taken  from  the  original 
Records  in  the  Tower :  Of  which  the  following 
^ejlimony,  wrote  in  a  blank  Page  of  the  preceding 
Volume,  in  Lord  Wey mouth' s  own  Hand,  is  a 

fufficient  Evidence  : 

Thefe 


PREFACE.       xv 

Thefe  three-and-twenty  Volumes  (including 
the  Index)  of  the  Parliament-Rolls  were  tran- 
fcribed  from  the  Originals,  by  the  Order  and 
Direction  of  Mr.  Halftead,  whilfi  he  was  Keeper 
of  them,  and  were  by  him,  carefully  collated ; 
from  whofe  Widow  the  Lord  Thomas  Vifcount 
Wey mouth  purchafed  them  for  the  Sum  of  One 
Hundred  Pounds. 

Note,  Thefe  were  the  firft  original  Copies 
from  which  all  others  now  extant,  in 
feveral  Hands,  were  tranfcribed. 

*I he  great  Number  of  thefe  Volumes,  the  diffe~ 
rent  Hands  they  'were  wrote  in,  and  the  different 
Languages  they  were  compofed  of,  did  not  deter 
the  Authors  from  entering  upon,  and,  with  much 
Pains  and  Labour,  going  through  them.  Thus 
are  the  Volumes  of  this  Hiftory,  as  far  as  thefe 
'  Records  go,  authenticated,  which  is  to  the  End 
of  the  Jhort  Reign  of  Richard  III.  And  herein, 
we  foon  found  that  the  Dukes  Sufpicions  of  the 
Faithfulnefs  of  the  Abridgement  were  not  with-* 
eutjuft  Reafon-,  for  fuch  a  Number  of  Miftakes, 
in  Mifnomers,  Mifeonftr  unions,  Omiffions,  &c, 
were  feen,  as  is  fcarce  credible  Jhould  be.  in  a 
Book  which  bears  this  Title, 

An 


XVI 


PREFACE. 


An  exact  Abridgement  of  the  Records  in  the 
'Tower  of  London,  from  the  Reign  of  Ed-ward  II.  > 
unto  King  Richard  III.  of  all  the  Parliaments 

holden  in  each  King's  Reign,  &c. Collected 

by  Sir  Robert  Cotton,  Knt.  and  Bart.  Revifed, 
rectified  in  fundry  Miftakes,  and  fupplied  with 
a  Preface,  marginal  Notes,  feveral  Omiffions, 
and  exact  Tables,  .both  of  the  great  Matters, 
great  Officers,  Speakers,  Nobles,  and  other  Per- 
ibns  therein  contained. — ty  William  PrynneJL^, 

a  Bencher  in  Lincoln  s-Inn. -London  printed, 

1657.     Folio. 

William  Prynne,  Efq-,  according  to  his  ufual 
Cujlom,  hath  bejlowcd  a  very  long-winded  Pre- 
face to  this  Abridgement  of  Records,  tending 
chiefly  to  put  a  proper  Value  on  tho/e  Abjirafts-, 
which  indeed,  had  they  been  carefully  and  Cor-> 
reftfy  done,  muft  have  had  their  due  EJleem: 
But  we  fay  again  that  there  are  fuch  an  infinite 
Number  of  Erratas,  of  all  Sorts,  in  this  Book, 
that  'when  we  began  to  correct  our  Copy  of  it, 
and  had  proceeded  with  that  Intention  fame  Way, 
they  increafed  fo  abundantly  upon  us  that  we 
gave  it  up,  left  it  fhould  fruftrate  our  main  De~ 
jigJi*.  From  whence  we  may  very  well  judge  that 
the  voluminous  Mr.  Prynne  was  more  dejirous  of 

being 


p     R     E     F     A     C     E.       xvii 

being  jtiled  the  Author  of  fo  many  Books  and 
Pamphlets  as  he  printed  and  publijhed  with  his 
Name  to  them  a,  than  to  be  correct  in  'what  he  put 
out  into  the  World:  And  from  this  Inftance  we. 
may  well  Jujp eft  that  his  other,  and  much  greater 
Works,  are  done  with  the  jame  Care  and  Exa5t- 
nefs. 

Eut  to  conclude,  for  Fear  of  being  thought  as 
tedious  in  prefacing  as  Mr.  Prynne  himfelf;  the 
two  firft  Volumes  fthis  lecond  Edition  have  alfe 
received  fome  conjiderable  Additions  and  Altera- 
tions from  the  Care  and  Accuracy  of  a  late  wor- 
thy and  learned  Gentleman  *Y  who  was  at  the 
Pains  to  collate  and  compare  the  former  Reigns" 
of  our  Kings,  particularly  that  of  Edward  I.  . 
with  all  the  old  Monkifo  Hijiorians  nearejl  that 
Kings  Reign  -,  by  which  Jeveral  Additions  were 
made,  and  jome  Errors  corrected.   Tet  all  this  was  * 
not  done  to  enhance  the  Price  of  the  new,  or  damn 
the  old  Edition,  as  has  been  but  too  jrequently 
b  prafli/ed 

a  We  have  feen  a  Lift  of  more  than  fifty  printed  Hooks 
and  Pamphlets  with  his  Name  to  them,  or  known  to  be  his. 

b  The  late  Robert  Hobhn,  Efq;   of  Nanfwlddwg ,  in  Corn- 
wall, and   Member  in  a  former  Parliament  for  the  City  of 
BrijJoL     A  Gentleman  to  whofe  Candour  and  Knowledge, 
efpecially  in  En^UJfj  Hiftory,  the  Compilers  of  this  Work  . 
owed  great  Obligations. 


xviii        PREFACE. 

pratfifed  by  feme  great  Authors  our  PredeceJ/ors. 
*To  obviate  this  Imputation)  Care  has  been  taken 
to  print  as  many  fupernumerary  Volumes  as  will 
ferve  to  exchange  'with  thofe  who  have  bought  the 
jirft  -,  and  public  Advertifement  will  be  made  of 
it,  that  Gentlemen  may  Jena1  their  Jirft  two  Vo- 
lumes, of  the  former  JLdition,  and  have  the  new 
delivered  to  them. 

S35  The  Folios  of  the  old  Edition  are  printed 
within  Crotchets  in  the  Margin  of  the  new, 
which  ferves  the  Index. — In  two  or  three  Sheets 
at  the  End  of  the  Second  Volume  fome  of  the 
Pages  of  the  old  Edition  are  tranfpofed  in  the 
new* 


THE 


Parliamentary  Hiftory 
o  F 

ENGLAND. 


ARLIAMENTS  are,  without  all  Doubt,  Of  the  Origin 
of  very  antient  Extraction ;  but  to  fix  the  and  Name  of 
Time  of  their  Beginning,  in  this  King-pARLIAI 
dom,  is  a  Matter  attended  with  fo  many 
Difficulties,  that  it  may  be  called  Folly 
or  Madnefs  in  any  Writer  to  attempt  it. 


Neverthelefs,  we  take  it  to  be  neceflary  to  lay  fomewhat 
relating  to  this  intricate  Subject  ;  though  what  we  {hall 
write,  as  it  will  not  be  very  pleafing  to  ourfelves,  fo  we 
cannot  apprehend  that  it  will  give  much  Satisfa&ion  to 
our  Readers. 

The  very  Word  PARLIAMENT,  or  rather  Parhment* 
is,  in  its  Derivation,  as  perplexing  as  the  former ;  and 
the  very  beft  Etymologifts  differ  ftrangely  in  their  Opi- 
nions about  it.  We  mall  not  endeavour  to  amufe  our 
Readers  with  their  various  Conjectures;  who  will,  may 
confult  Francifcus  Junius,  Skinner,  Gouldman^  and  others, 
who  have  publifhed  large  Dictionaries  in  that  Science  ; 

VOL.  I,  A  t<? 


Parliamentary  HISTORY 

to  us  it  feems  that  the  Word  is  certainly  of  French  or 
Norman  Extraction  a ;  and  by  this  we  maybe  led  to 
fuppofe  that  the  Origin  of  thefe  Afibublies,  in  this 
Ifland,  is  owing  to  the  antient  Cuftoms  in  France^  fome 
Centuries  before  our  Conqueft  b.  And  we  are  not  to 
imagine,  becaufe  the  Monkifli  Writers,  foon  after  that 
Period,  always  called  thefe  Meetings  Parliaments y\vh\ch 
happened  in  the  Times  of  the  Saxons  before  them,  that 
they  were  fo  denominated  by  thofe  People,  but  had  this 
Name  from  the  Normans  their  Succeflbrs. 

In  all  Nations  of  the  World  hitherto  known,  and  in 
all  Ages,  the  Laws  they  were  governed  by  were  firft 
made  by  the  Advice  and  Confent  of  thefe  general  Af- 
femblies,  and  then  promulgated  to  the  whole  Commu- 
nity. And  if  the  Jewijh  Sanhedrim,  the  Grecian  and 
Roman  Senates,  the  Druid  and  Gaulijb  AfTemblies,  and 
particularly  our  own  Saxon  Gemots9  If^itten  Gemots^  or 
Folkmotes,  bore  any  Allufion  to  our  prefent  Parliaments, 
the  Source  of  them  runs  very  high  indeed.  Mr.  Prynne^ 
in  his  Sovereign  Power  of  Parliaments,  tells  us,  '  That 
it  is  apparent  from  all  Precedents  before  the  Conqueft, 
that  our  priiline  Synods  and  Councils  were  nothing  elfe 
but  Parliaments  ;  that  our  Kings,  Nobles,  Senators, 
Wifemen,  Knights,  and  Commons  (we  cannot  help  ob- 
ferving  that  he  omits  Bifhops,  though  they  were  mpft 
certainly  a  Part  of  the  Conftitution  as  antient  as  any) 
were  ufually  prefent,  and  voted  in  them  as  Members  and 
Judges.  Mr.  Camden^  Sir  Henry  Spelman^  with  other 
Writers,  alfo  go  a  great  Way  to  prove  the  Commons 
to  have  borne  a  Part  in  Parliament  in  the  Times  of  the 
Saxons ;  but  they  do  not  fay  that  they  were  called  by 
{hat  Name,  or  elected  as  Knights,  Citizens,  and  Bur- 
gefles  were  in  After-Times. 

The  Laws  of  Ina,  our  IFeJI-Saxon  King,  which  were 
made  and  publifhed  about  the  Year  720,  are  there  faid 

to 

a  It  feems  to  be  derived  from  the  Franco-Gaulle  Verb  par/er,  to  fpeak 
or  debate;  fo  Parkmcnt,  a  Speaking  or  Debating.  This  antient  Name 
fufiiciently  denotes  the  Freedom  of  Speech  fo  abfolutely  neceflary  in  thefe 
Grand  Co'unciis  or  Afiembliss.  My  Lord  Coke  tells  us,  That  Parliament 
is  derived  from  Parler  le  Ment,  i.  e.  from  fpeaking  the  Mind.  He  might 
as  well  tell  us,  fays  Ryner,  that  "Firmament  is  Firma  Mentis,  that  h,  a 
Farm  for  the  Mind  ;  or  Fundament,  the  Bottom  of  the  Mind.  Rymer's 
Antiquity,  &c.  of  Parliaments.  London,  izmo,  1714. 

b  Suppofed  to  have  been  ufed  in  France  before  the  Time  of  Charlemagne, 
in  the  feventh  Century.  See  a  late  Account  of  the  antient  Parliaments  of 
France,  by  Cbarlts  Forman,  Efqj  LtnJun,  ^  Vols,  $vo,  1739. 


of   ENGLAND. 

to  be  done  by  the  Advice  and  Confent  of  all  his  Alder- 
men and  Senior  Wifemen  of  his  Kingdom;  befides  a 
great  Number  of  the  Clergymet  together  on  that  Oc- 
cafion.  The  fame  is  mentioned  at  the  End  of  the  Laws 
of  King  AtbelftetKi  as  well  as  thofe  of  King  Etbelred,  his 
Succefibr  c.  But  who  thefe  Wifemen  were,  whether  [  3  ] 
Lords  or  Commons,  or  both  together,  we  are  not  able 
to  determine.  The  Chronicle  of  John  Brompton  men- 
tions a  great  Council,  or  Affembly,  to  be  held  at  Salif- 
lury  in  the  Days  of  King  Edgar,  about  the  Year  970, 
of  all  the  Nobles  in  the  Kingdom*1;  and  another  at 
Oxford,  by  King  Canute  the  Dane,  in  the  Year  1030. 
Thefe  are  all,  or  the  greateft,  Teftimonies  that  can  be 
produced  of  Councils,  or  Parliaments,  being  called,  by 
our  Saxon  or  Danijh  Kings,  to  make  Laws  before  the 
Conqueft  e. 

The  Writers  in  Favour  of  Monarchy,  fuch  as  Sir  R. 
Filmer,  Dr.  Brady,  Dr.  'Johnjhn,  and  others,  deny  that 
the  Commons  had  any  Place  or  Power  in  thefe  AfTem- 
blies  untill  long  after  that  Period.  They  fay,  indeed, 
that  the  Saxon  Kings  ufed  to  convene  the  Nobles  and 
A  2  Bifhops 

c  Leges  IN^  Regis  Wefl-Saxonum.     Circa  An.  720. 

Ego  Ina,  DeiGratia,  Weft-Saxonum  Rex,  Exhortations  et  DoElrina  Con- 
redis  Patrit  mei,  e;  Heddas  Epifcopi  met,  et  Herchonwaidi  Epifcopi  met,  et 
omnium  Aldermannorum  meorum,  el  Scniorum  Sapientium  Regni  mei,  multa- 
yue  Congregations  Servorum  Dei,  &c.  Cbron.  Johan.  Brompton  inter 
Decem  Script.  Col.  761. 

Ad  Finem  Legum  ATHELSTANI  Regis.     Circa  An.  930. 

XXXIV.  Sax.  25.  Totum  hoc  inftitutum  cji  et  confrmatutn  in  Magno 
Synulo  apud  Greateleyam,  cui  Arcbiepifcopu*  Wulfius  interfult,  tt  emnes 
Oftimates  et  Safriertes  quos  Adelftanus  Rex  fotuit  fongregarei  Ex  eodem, 
CW.  845. 

Leges  /ETHELRKDI  Regis.     Circa  An.  1000. 

Hoc  ejl  Ccnjilium  gued  j^Bthelredus  Rex  et  Sapientts  fui  condixerunt,  &ct 
Col.  893. 

llrtjunt  Leges  qua*  ^Eth«Iredus  Rex  et  Sapientesfui  conftituerurtt.  Cc/.Sg  5. 

Heec  funt  ISerba  Pads  et  Prchcutiones,  quas  ^Ethelredus  Rex,  et  ontnes 
Sapientes  tjus,  cum  Extrcitu  frma-verunt ,  &c.  Col.  899. 

yide  Lambard  de  Pnfcis  Anglorum  Legibus,     Cantabrigiae  A.  1644. 

«I  The  Words  are,  Can  fit's  Regni  Proceribus  congregatis.  And,  Pofl  b<ec 
«pi«t  Oxoniam  Parllamcntum  temiit,  (fcil.  Canutus)  ubi  Angli  ftmul  et 
Dani  de  Legibits  Edgaiis  Regit  obfervandit  Concordes  facii  Junt,  Cbron* 
Johan.  Brompton  inter  Dtcern  Script.  Col.  866,  908. 

c  Polydore  Vergil  fays,  That  Parliaments  are  of  French  or  Ncrwan  Ex- 
fraftion ;  his  Words  an1,  More  Gallico,  -vulgo  Parliamentum  appellant,  quod 
ui-.tifquifque  Rex,  Itiitio  fui  Regni,  Labere  fu/et,  ut  ibi  Ji  quid  ex  antiquis 
Coii/litutis,  Legibufve,  tnllendum,  ac  rurfui  condendum  fit,  id  de  Conjilii  Sen' 
tcn<:a  fat  j  qu:,  et  aeinde  yxttin  Rfs  fojiulat,  J'uo  Skbitratu  illud  ipfum 
ffwccati  Lib,  xi,  n.  188, 


The  Parliamentary  HISTORY 

Biftiops  of  the  Realm,  to  confult  with  them  how  to  de- 
fend themfelves  in  Cafe  of  an  Invafion,  to  levy  Taxes, 
or  to  promulgate  fome  new  Laws  amongft  the  People, 
[  4  ]  or  to  be  Witnefles  to  public  Charters.  This  laft  is 
evident  from  feveral  Saxon  Charters,  copied  and  prefer- 
ved  by  Hiftorians,  as  well  as  fome  Originals  ftill  extant 
amongft  us ;  wherein,  befides  the  King,  the  Nobility 
and  Biftiops,  to  a  confiderable  Number,  fign'd  with  him. 
But  then  thefe  Authors  afTert,  that  the  whole  Body  of  the 
Commons  were  in  an  entireVaflalage  to  the  Nobility  and 
Clergy  at  that  Time,  and  long  after,  and  had  nothing  they 
could  call  their  own,  no,  not  fo  much  as  their  Lives. 

That  this  was  the  Cafe  of  the  Commons  'till  fome 
Time  after  the  Conqueft,  appears  pretty  plain ;  but  with 
the  Lords  it  was  otherwife,  for  Sir  Henry  Spelman  tells 
us  in  his  Glojjary^  that,  befides  what  has  been  faid  of 
their  Conventions,  in  the  Times  of  the  Saxon  Kings, 
William  I.  compofed  his  Great  Affembly,  or  Magnum 
Con/ilium  of  the  Nation,  from  thofe  Tenants  that  held 
of  him  in  Capite  ;  and  that  Parliamentary  Barons  were 
created  by  the  King's  Writ,  out  of  thofe  of  good  Poflef- 
fions ;  whereby  William  referved  to  himfelf  a  Tenure  in 
Chief  by  Knight's  Service.  Thefe  Judges  were  at  that 
Time  the  fupreme  Judicature  ;  but  the  Original  of  the 
Houfe  of  Peers,  as  to  its  tranfcendent  Power,  does  not 
feem  plainly  to  appear  till  the  Reign  of  Henry  III,  when 
ipecial  Writs  of  Summons  were  fent  out  to  the  Nobility 
diftin&ly  by  themfelves. 

But  at  what  Time  the  Commons  became  a  Branch  of 
the  Legiflature  is  much  more  uncertain.  Many  will 
have  it  that  they  were  not  admitted  as  a  Part  of  Parlia- 
ment untill  the  491)1  of  Henry  III.  for  which  this  Rea- 
fon  is  afiigned,  That  the  firft  Writ  of  Summons  of  any 
Knights,  Citizens,  and  Burgefles,  now  extant,  is  of  no 
antienter  Date  than  that  Time. 

This  is  again  feemingly  contradicted  by  MagnaCbarta^ 
or  the  Great  Charter  granted  in  the  1 7th  Year  of  King 
'John :  For  by  this  it  appears  that  it  was  made  per  Re- 
gem>  Barones^  et  LIBEROS  HOMINES  totius  Regni ;  by 
which  it  feems  plain,  that  it  was  not  made  by  the  King 
and  Barons  only.  And  Mr.  Selden  f  fays,  That  the 
Borough  of  St.  Allan's  claimed  by  Prefcription,  in  the 

Par- 

f  Sdttoi's  Titla  of  Honour,  p,  709. 


of    ENGLAND. 

Parliament  of  the  8th  of  Edward  II.  to  fend  two  Bur- 
gefies  to  all  Parliaments,  as  they  did  in  the  Time  of 
Edward  I.  and  his  Progenitors  ;  which  muft  be  in  the 
Time  of  King  John,  his  Grandfather,  and  confequently 
before  the  Reign  of  Henry  III. 

Polydore  Vergil^  HelUng/htad,  Speed,  &c.  fay,  That 
the  Commons  were  firft  furnmoned  to  a  Parliament  at 
Saliflury,  in  the  i6th  of  Henry  I.  Sir  Walter  Raleigh* 
in  his  Treatife  of  the  Prerogatives  of  Parliaments,  thinks 
it  was  in  the  i8th  of  Henry  I.  Lord  Bacon,  in  a  Let- 
ter to  the  Duke  of  Buckingham,  afks,  Where  were  the 
Commons  before  Henry  I  ?  which  plainly  implies  nis 
Opinion  that  there  was  a  Houfe  of  Commons  at  that 
Time  at  leaft.  And  Dr.  Heylin  finds  yet  another  Be- 
ginning for  them,  which  was  in  the  Reign  of  Henry  II. 

Such  and  fo  various  are  the  Opinions  of  learned  Men 
on  this  Subject :  It  is  not  to  the  Purpofe  to  purfue  them 
any  further,  and  we  (hall  content  ourfelves  in  faying, 
That  whenever  the  Commons  were  taken  in  as  one 
Branch  of  the  Legiflature,  it  was  a  Glorious  Addition 
to  the  others  ;  was  a  great  Bulwark  to  the  Liberties  of 
the  Subject,  and,  altogether,  as  the  general  Afient  of  the 
the  King  and  Realm  to  make  Laws  and  Ordinances; 
was  juftly  called,  by  antient  Writers, 

Gommitne  Con/ilium,  Magnum  Conjilium,  Placitum 
generals^  Curia  altijfima,  et  Pariiamentum  generate  feu 
atiijjimum. 

The  Power  and  Authority  of  Parliaments  in  making 
of  Laws,  in  proceeding  by  Bill,  or  otherways,  is  fo 
well  known,  fo  often  treated  on  by  others,  and  will  fo 
evidently  appear  in  the  Courfe  of  this  Hiftory,  that  it  is 
ncedlefs  to  fay  more  of  it  in  this  Place. 

But  it  will  not  be  amifs,  before  we  enter  upon  our  Hi- 
florical  Facts,  under  the  feveral  Reigns,  to  premife  fome- 
what  relating  to  the  originalCreation  of  the  Peers  that  com- 
pofe  the  Upper  Houfe  of  Parliament,  under  their  feveral 
Titles ;  efpecially  as  that  Houfe  muft  be  allowed  to  be 
fuperior  to  the  other,  both  in  Antiquity  and  Honour. 

All  the  Degrees  of  Nobility  and  Honour  are  derived 
from  the  King  as  the  Fountain  of  Honour.  The  King's 
eldeft  Son  is  born  Duke  of  Cirnwa/l,  afterwards  he  is 
created  Prince  of  Wales-,  and,  to  diftinguifh  him,  in  the  r  5  1 
Middle  of  the  Arch  of  his  Coronet  a  Ball  and  Crofs  are 
A  3  placed, 


>  'The  Parliamentary  HISTORY 

placed,  as  in  the  Royal  Diadem.  The  Title  of  Prince 
of  Wales  was  originally  granted  by  Edward  I.  after  his 
Conqueft  of  that  Principality,  and  all  his  Titles  are, 
Prince  ol  Wales,  Duke  of  Cornwall,  and  Earl  of  Cbe/ttr. 
The  firft  Duke  we  had  in  England  was  Edward  the 
Black  Prince,  fo  famous  in  our  Hiftories  for  his  heroic 
Actions,  who  was  created  a  Duke  in  the  i  ith  Year  of 
King  Edward  III. 

Robert  de  Fere,  Earl  of  Oxford,  was  created  Marquis 
of  Dublin  in  Ireland,  in  the  8th  Year  of  King  Richard  II. 
and  was  the  firft  Marquis. 

Hugh  Lupus  was  made  hereditary  Earl  of  Cbejler  by 
William  the  Conqueror. 

"John  Beaumont  was  created  Lord  Vifcount  Beaumont 
by  King  Henry  VI.  in  the  i8th  Year  of  his  Reign,  and 
was  the  firft  Vifcount.  And 

John  Beaucbamp,  of  Holt,  was  the  firft  Baron  created 
by  Patent  in  England,  made  the  i  ith  of  Richard  II. 

But,  in  the  antient  Records,  the  Word  Baron  inclu- 
ded all  the  Nobility  of  England',  becaufe,  regularly,  all 
Noblemen  were  Barons,  though  they  had  higher  Titles 
befides.  The  Chatter  of  King  Edward  I.  which  is  an 
Expofition  of  what  relates  to  Barons  in  Magna  Charta, 
concludes,  Tejlibus  Arcbiepifcopis,  Epifcopis,  Baronibus, 
&c.  So  that  the  great  Council  of  the  Nobility,  when 
they  confifted,  altogether,  of  Dukes,  Marquefles,  csV. 
befides  Earls  and  Barons,  were  all  comprehended  under 
the  Name  De  la  Councfll  de  Baronage. 

But,  after  all,  a  Baron  holding  Land  of  the  King,  to 
him  and  his  Heirs,  per  Servitium  Baronia;,  is  no  Lord  of 
Parliament,  untill  he  be  called  by  the  King's  Writ  to 
Parliament.  In  the  Reign  of  Edward  I-  the  Title  of 
Baron,  which  was  before  common  to  all  thofe  that 
held  Lands  of  the  Crown,  was  confined  to  all  thofe 
•whom  the  King  fummoned  to  Parliament.  Thefe  Ba- 
rons had  then  given  them  two  Enfigns  to  remind  them 
of  their  Duties ;  firft  a  long  Robe  of  Scarlet,  in  refpeft 
[  7  ]  whereof  they  are  accounted  in  Law  De  magno  Confilio 
Regis ;  and,  fecondly,  are  girt  with  a  Sword,  that  they 
fhould  ever  be  ready  to  defend  their  King  and  Country  g. 
This  alfo  appears  by  Dugdale's  Baronage,  in  which 
there  are  feveral  Inftances  of  Lords  being  called  to  Par- 
liament,, 

g  Coke's  3  Inft.  p.  186. 


of   ENGLAND. 

liament,  where  they  and  their  Anceftors  never  fat  be- 
fore, nor  any  of  their  Pofterity  after  them  h. 

Proxies  for  the  Bifhops  and  Barons  in  the  Hotife  of 
Peers  are  alfo  very  antient.  The  firft  Mention  of  them, 
that  occurs  in  our  Parliamentary  Memoirs,  was  at  Car- 
lijle,  under  Edward  I.  *  Alfo,  in  a  Parliament  held  at 
lyejlminfter  under  Edward  II.  the  Bifhops  of  Durham 
and  Carlifle^  remaining  upon  the  Defence  of  the  Marches 
of  Scotland^  were  feverally  commanded  to  flay  there  j 
and  in  the  Writ  a  Claufe  was  inferted  for  that  Purpofe  k^ 
The  like  Teftimonies  occur  pretty  often  in  this  King's 
Reign,  of  making  Proxies  by  the  Name  of  Procuratores 
Sufficiente^  and  in  fucceeding  Times  the  Teftimonies 
of  them  down  to  this  Day  are  very  frequent. 

In  relation  to  the  more  antient  A6ts,  Ordinances, 
Journals,  &c.  of  the  two  Houfes  of  Parliament,  much 
more  might  be  faid  than  is  confident  with  the  Subftance 
of  this  Preamble  to  our  Hiftory.  Who  will  may  read 
them  admirably  and  concifely  difcourfed  on  in  Archbi-  [  8  ] 
{hop  Nicbolfon's  Englijh  Hiftorical  Library ;  which  Book, 
as  it  is  almoft  in  every  Collection,  it  is  needlefs  to  tran- 
fcribe  any  Thing  from  it  here.  That  Author  has  given 
us  a  general  Detail  of  all  our  Parliamentary  Proceedings 
from  Magna  Charta,  through  the  printed  Statutes,  the 

Rolls 

Ii  The  Form  of  the  King's  Writ  for  fummoning  a  Peer  to  attend  his 
Service  in  Parliament,  is  as  follows  : 

Edwardus,  &c.  CbarijjirKO  Confanguineo  fuo  C.  Comit.  A,  Salutem,  Quiet 
di-  ,id-v:jamento  &  affenfu  Conjilii  n'jjiri  pro  quibufdam  arduis  urgentibus  nego- 
t:;;,  A'0j,  Ststum  G*  Difinfonem  Rcgni  nojlri  Angliae  &  Ecdtjla;  Anglicanaj 
(GKiernen?  qitoddam  Parhamentum  noftrum  apud  Ci-vitatem  noftram  Weft- 
monaftetii,  die,  &c.  prox.  futvr"  teneri  ordina"vitnus,  &  ibid,  vabifcutit 
ac  cum  Prtelath,  Magnatibus  &  Proceribvt  diEf  Regni  noftri  colloquium  ba.- 
li't  e,  trafiare,  Vobii  fub  fide  &f  ligeaticiis  quibui  nobii  tencntini  firmiter 
it  ningend1  Mandamus,  quod,  confideraf  difforum  ncgotiarum  arduitate  & 
fericulit  imminentibus,  ceff'ante  excufatione  quacurque,  dilf  die  &  loco  ptr- 
j'onaliter  inter/ills  Nvbifcum,  ac  cum  Prxlatis  Magnatibui  &  Proceribus  pro:- 
d'.tlis  fnfer  diclii  negotiis  traElatur*  vcftrumque  conjilium  impenfur*  Et  hoc 
Jic:it  Nos  &  honcrcm  noftrum  ac  Sal-vaticnem  £f  Defenftontm  Regni  &  Ec- 
chfite  pradiflorum  expcdiiionetnque  diElorum  negotiorum  diligitis,  nul/atenus 
etnittaiis.  Teftc  mcifj'o  apud  Weflmonafterium  die,  &c, 

i  Quia  (mines  Prtelati,  Militcs,  et  alii  de  Communitate  Regni  tur,c  plenarlt 
tion  vencrunt,  reccptis  quibufdam  Procurationibus  Pralatorum  qui  venire 
non  pater  ant,  adjornar.tur  omna  qui  fumnioniti  funt  ad  Parliameatum,  ujque 
a  {  En  aft  Mercurii  proximum  ftquentem,  ad  Horam  primam. 

k  Si.t  1'rocuratorcin  iieftrum  fujpcicnter  injlruHum  ad  difJos  Diem  tt  Lo* 
cum  itiittalii,  ad  confetti itndum  ei  quid  tur.c  Ibidem  per  dittot  Pralatot  tt 
ftntigcrit  ordinunt     Seldcn'j  Baronage  of  England,  £?c,  81/0.-— 
IjnJ,   1642, 


$  The  Parliamentary  HISTORY 

Polls  of  Parliament,  Ordinances,  Journals,  with  the 
Mcdus  tenendi  Pariiamenta ;  the  Antiquity  and  Rights 
of,  both  the  Houfe  of  Lords  and  Commons,  the  difpen- 
fi  ig  Power  of  the  King,  and  Writs  of  Summons  ; 
wherein  he  fpecifito  where  all  the  Records  relating  to 
thefe  Matters  lie,  at  well  as  gives  an  Account  of  what 
the  beft  Authors  have  wrote  on  thefe  often-difputed 
Subje&s,  betwixt  the  Prerogative  of  the  Crown  and  the 
Power  of  Parliaments. 

Let  this  Exordium,  therefore,  fuffice  for  the  Origin, 
the  Power,  and  Name  of  PARLIAMENT  ;  we  {hall  pro- 
ceed now  to  our  HISTORY  of  them;  in  which  we  hope 
to  be  fo  exa£t,  that  no  material  Circumftance,.  mention- 
ed either  by  antient  or  modern  Hiftorians,  {hall  efcape 
our  Notice.  And  tho'  thefe  general  Meetings  of  the 
King  with  his  Bifhops  and  Barons,  both  before  and  foon 
after  the  Conqueft,  were  by  no  Means  like  our  prefent 
Parliaments  ;  yet  we  judge  it  very  confitlent  with  the 
Tenor  of  our  Subject,  to  purfue  our  Account  of  them 
whenever  fuch  Evidences  can  be  found  that  may  be  de- 
pended upon,  but  in  as  concife  a  Manner  as  poffible. 

King  William  I.  T  N  the  Reign  of  the  three   firft  Norman  Kings  we 
Anno  Re  ni  6    •*•  meet  with  little  to  our  Purpofe.     William  I.  indeed, 
nn°70jgm    '  at  the  Inftigation  of  the  Pope,  lummoned   a.  National 
At  Winder.    Synod  to  determine  the  Difpute  betwixt  the  Sees  of  Can- 
terbury and  York,  about  Supremacy.     As  this  was  in- 
tirely  an  Ecclefiaftical  Controverfy,  it  does  not  appear 
that  this  Meeting,  which  was  before  the  King  and  Hu- 
bert, the  Pope's  Legate,  at  Windfar,  coniifted  of  more 
than  the  Prelates,  Abbots,  and  other  Ecclefiaftics  of 
the  Realm  J. 

In 

1  Sir  Henry  Spelman  has  made  a  Collection  of  the  Laws  before  Magna 
Cbarta  $  the  MS,  now  in  'h?  Bcdleyan  Library,  bears  this  Title,  Codex 
Lcgum  •vetcrum  et  Statutorum  Regni  Angliae,  qua:  ab  IngrcJJ'x  Willielmi  ufyt 
ad  -innum  r.onum  Henrici  tertii  edita  fur.t ;  tec  tft  ante  frimum  Statututn 
cmnium  imfrreflorum  in  Libris  yuridicis.  P.1r,  iV<Wf%and  Sir  Roger  liaifden 
fcav-  alfo  tie-j.ted  on  this  Suhjedl.  And,  indeed,  if  the  old  Chronicle  of 
iitchfi--ld.  quoted  by  Mr.  SelJen,  was  confirmed  by  any  Contemporary 
Hiftoriam,  there  is  Reafon  enough  to  believe  thefe  Laws  to  be  genuine.— 
But,  as  it  is  not,  we  /hall  oiily"  give  Blfhop  Nicbilfons  Qnotation  from 
that  '  h'rnicle,  and  leave  it  to  the  Reader's  Judgment.  Anno  Gulielmus 
Regni  fu:  quarto  afud  Londonias,  Confilin  Baromim  fuorum,  fecit  fummoniri 
fer  f;V:  >•_/:•  •  r.glja?  Comitatus  omnet  Nobiks,  Sapiintes,  et  fua  Lege  eru- 
ditoi,  ut  eorum  Leget  et  CoaJaetuJines  aiediret,  Et  licet  idtm  Rex  Gulielmus 

ttfei 


of   E  N  G  L  A  N  D.  9 

In  the  Reign  of  Henry  I.  the  Conqueror's  youngeft  K>"g  Hemj  U 
Son,  Taxes  were  levied  arbitrarily  on  the  Subject,  as  in 
the  two  preceding  Reigns  of  his  Brother  Rufus  and  his 
.Father.  In  his  fixth  Year  he  fet  a  Sum  upon  every  Pa- 
rilh  Church,  and  forced  the  Incumbent  to  pay  the  Mo- 
ney to  redeem  his  Church.  In  the  eighth  Year  of  his 
Reign  he  had,  for  the  Marriage  of  his  Daughter  Maud,, 
3  s.  for  every  Hide  of  Land  :  And,  fay  Hiftorians,  during 
his  whole  Reign  he  levied  a  conftant  annual  Tax  of  \id. 
on  every  Hide  of  Land.  It  does  not  appear,  by  any 
Account  we  can  meet  with,  that  the  King  afked  the 
Confent  of  his  Barons,  or  People,  for  raiting  thefe  Sub- 
fidies,  tho'  there  were  fome  Conventions  of  the  Eftates 
of  the  Realm  called  in  his  Time :  For  in  the  Year  1 106,  Ann°f0ef%ni 6' 
fays  Matthew  Paris^  Henry  convened  his  Nobles,  by  a 
Ipecial  Edift,  on  a  very  extraordinary  Occafion.  His 
elder  Brother  Robert,  whom  he  had  difpoflefled  of  his 
Ri^ht  of  Succeflion  to  the  Englljh  Crown,  came  over 
from  Normandy  to  make  him  a  friendly  Vifit.  Henryy 
being  jealous  that  this  Vifit  might  turn  to  his  Difadvan- 
tage,  and  being  more  afraid,  fays  our  Author,  of  Man 
than  God,  cajoled  his  Nobles,  by  crafty  Promifes,  to 
be  true  to  him;  and  next  thought  that  he  could  make 
up  the  Matter  with  God  by  the  building  of  an  Abbey, 
which  he  was  then  about  to  execute.  For  this  Reafon 
he  called  together  the  Great  Men  of  the  Realm  by  his 
Royal  Mandate,  fays  Paris™,  to  meet  tt.London\  where  r 
he  firft  foftened  and  fweetened  them,  feparately,  by 
fmooth  Words  and  Expreffions,  and  then,  being  met  to- 
gether, he  made  a  Speech  to  them  as  follows :  Which 
Speech,  as  it  is  the  firft  that  came  from  the  Throne, 
only  preferved  by  Matthew  Paris ,  and  taken  Notice  of 
by  very  few  HHtorians,  either  antient  or  modern,  that 
we  have  met  with,  juftly  claims  a  Place  in  our  Hiftory. 

My 

t-egei  Norfolkiae  tt  Suffolkise,  Grantbrigiae  et  Deirse  (uti  quondam  maxima 
Pan  Danorum  et  Norwcgienfium  inbabitalant)  frius  magis  apprcba-verat, 
et  eai  per  totum  Rtgnum  obfer-vari  pr&ceperat,  pro  to  quod  omnts  Antecejjores 
ejus,  ft  fere  omnes  Baronet  Normanniae,  Norwegienles  rxtitffint,  et  quod 
tie  Norwegia  dim  venij/ent  ;  poftea  ad  Precet  COMMUNITATIS  Anglonim, 
Rex  adquimit\  qui  diprccati  funt  quatentts  permitttret  fibi  Leget  preprias  et 
Cor.fuetudines  antiquas  babere,  in  vxibus  •vixcrant  Patres  torum,  et  ipji.in  eit 
itati  et  nutriti  funt,  fcilicet  Leget  Sanfii  Regit  Edwardi  ConfefToris,  <£)V. 

Sec  allb  Sir  Roger  'J'tvifden's  Preface  to  the  Laws  rf  William  I.  and  Hen- 
ri I.  publifhed  at  the  End  of  Lambjrd  de  prif^ii  Anglorum  L<£;'£«a.— — 
Cantab.  1644. 

m  Rega  £di£io  convscatit,    M.  Paris,  ful>  toe  Anno* 


JO 


The  Parliamentary  HISTORY 


King  Henry  I, 
His  Speech. 


Anno  Regni'7. 
1107. 

At  London, 


My  Friends  and  faithful  Subjects,  both  Foreigners  and 

Natives, 

tyO  U  all  know  very  well  that  my  Brother  Robert  was 
*•  loth  called  by  God  and  eletted  King  of  Jerufalem, 
which  he  might  have  hazily  governed ;  and  how  fhame- 
fully  he  refufed  that  Rule^  for  which  he  jujlly  deferves 
God's  Anger  and  Reproof .  You  know  alfo,  in  many  other 
InJIances,  his  Pride  and  Brutality.  Becaufs  he  is  a  Man 
that  delights  in  War  and  Bloodjhed,  he  is  impatient  of 
Peace  \  I  know  that  he  thinks  you  a  Parcel  of  contemptible 
Fellows ;  he  calls  you  a  Set  of  Drunkards  and  Gluttons^ 
whom  he  hopes  to  tread  under  his  Feet.  /,  truly  a  Kingy 
meek)  humble,  and  peaceable,  will  preferve  and  cherijh  you 
in  your  antient  Liberties,  which  1  have  formerly  /worn  to 
perform ;  will  hearken  to  your  wife  Counjels  with  Patience  ; 
and  will  govern  yoit,  jujily,  after  the  Example  of  the  be  ft 
of  Princes.  If  you  defere  it,  Iwilljlrengthen  thisPromife 
with  a  written  Charter ;  and  all  thofe  Laws  which  the 
Holy  King  Edward,  by  the  Infpiration  of  God,  fo  wifely 
enacJed,  I  will  again  fwear  to  keep  inviolably.  If  you^ 
my  Brethren,  will  Jland  by  me  faithfully,  we  Jhall  eafily 
repulfe  the  ftrongefi  Efforts  the  cruelle/l  Enemy  can  make 
again/}  me  and  thefe  Kingdoms.  If  I  am  only  fupported 
by  the  Valour  and  Power  of  the  Englifh  Nation,  all  the 
weak  Threats  of  the  Normans  will  no  longer  feem  for- 
midable unto  me. 

We  have  given,  from  the  old  Monk  of  St.  Allan's 
Latin,  the  Verfion  of  this  Speech  as  near  as  we  could, 
though  the  obfolete  Words  he  often  makes  ufe  of  are 
difficult  enough  to  render.  Matthew  adds,  That  this 
Harangue  of  Henry  to  his  Nobles  had  the  defired  Effect, 
though  he  afterwards  broke  all  his  fair  Promifes  to  them ; 
Duke  Robert  went  back  much  difgufted,  whom  his  Bro- 
ther foon  after  followed,  gained  a  Victory  over  him, 
took  the  Duke  Prifoner,  put  out  his  Eyes,  and  con- 
demned him  to  perpetual  Imprifonment. 

The  Year  after  this,  viz.  1 107,  the  fame  King  Henry 
call'd  another  Convention  of  all  the  Eftates  of  the  Realm 
to  fit  in  his  Royal  Palace  at  London.  This  Convention 
fome  modern  Hiftorians  have  honoured  with  the  Name 
of  Parliament^  and  would  prove  that  the  Commons  were 


of 


ENGLAND.  n 


a  Part  of  it.  We  know  not  where  they  find  Authority  King  Henry  I. 
for  fuch  an  Aflertion  j  the  old  Monkifh  Writers  ",  who 
lived  near  this  Time,  call  it  no  more  than  a  Meeting 
of  all  the  Biftiops,  Abbots,  and  Nobles  of  the  Kingdom, 
to  whom  Anjelm,  Archbimop  of  Canterbury,  was  Pro- 
locutor. 

Indeed  this  Meeting  might  much  rather  be  called  a 
Convocation  than  a  Parliament,  fince  nothing,  that  we 
can  find,  but  Church- Matters,  were  tranfa&ed  in  it.  In 
this  Aflembly  the  prohibiting  the  Priefts  the  Ufe  of  their 
Wives  and  Concubines  was  confidered ;  and  the  Bifliops 
and  Clergy  granted  to  the  King  the  Correction  of  them 
for  that  Offence  ;  by  which  Means  he  raifed  vaft  Sums 
of  Money,  compounding  with  the  Priefts,  for  certain 
annual  Payments,  to  allow  them  the  Enjoyment  of  their 
Wives  and  Concubines  °. 

In  the  Year  1116  there  was  another  Convention  of  Anno  Regnl  16, 
the  Nobles  and  Barons  fummoned  by  the  King  to  meet       Ill6t 
at  Salif&ury  P.     At   this   Meeting    the  whole  Nobilit 
did  Homage  to  him  and  to  Prince  William,  King  Henry's 
eldcit  Son,  in  the  Prefence  of  the  Father  *.     The  Di- 
fpute  betwixt  the  Archbifhops  of  Canterbury  and  York^      [  12 
about  Primacy,  was  alfo  debated  at  this  Convention, 
which  was  all  the  Bufmefs  that  we  can  find  was  done 
at  it. 

This  Meeting  alfo  fome  of  our  more  modern  Hifto- 
rians  r  have  called  the  Foundation  of  our  High  Court  of 
Parliament.  The  Englijh  Kings,  fay  they,"before  this 
Time,  ordered  the  Affairs  of  the  Commonwealth  by 
their  Edicts,  Officers,  and  Governors  of  every  Country, 
and  feldom  had  the  Advice  of  the  People,  but  only  at 
the  Beginning  of  their  Government,  or  in  the  Time  of 

War. 

n  Eodem  Anno  fa&us  eft  Conventus  Epifcoporum  et  Abbatum  pariter  et 
Magnatum  I.ondoniis  in  Pa/atio  Regis.  M.  Paris,  fub  hoc  Anno. 

Con-vent  us  omnium  Epifctporum,  Abbatum,  et  Procerutn,  Simeon  Du- 
nelm.  inter  Decem  Script.  Hifl.  Angl. 

°  Accept t  enim  Rex  Pccuniam  infinitam  de  Preftiyteris  pro  Juis  Focariit 
redimendis.  M.  Paris. 

Focuria  is  rendered  either  a  Houfe  Concubine,  or  a  Female  Drudge,  a 
Difhwalher,  &c. 

P  Conventio  Oftiiaatum  et  Baronum  totius  Anglix.  Simeon  Dunelm. 
inter  Decem  Script. 

q  Ubit  y»J}'u  Regis,  Comites  et  Barones,  cum  C/ero  totius  Kegni,  fib!  et 
Wiliielmo  tiiio  j'uo  Homagium  fccerunt.  Cbroa.  Johan,  Bromptou  inter 
Decem  Script. 

*  Hdlingjhtad,  Speed,  Stow,  fife. 


12    • 

King  £fc»ry  I.  War.  We  believe  it  will  be  hard  to  prove  that  this 
Meeting  was  any  Model  of  our  prefent  Parliaments,  there 
being  no  Similitude  of  them  in  any  Shape  whatever. 

Under  this  King  the  People  of  England  began  to  re- 
cover again  and  grow  wealthy,  as  the  King  did  likewife : 
For  it  was  in  his  Time  that  the  Revenue,  arifing  from 
Crown  Lands,  was  adjufted  and  fixed  to  a  certain  Rate, 
fo  that  it  might  be  either  paid  in  Money  or  Provifions. 
And  this  (hews  that  as  the  People  in  general  began  to 
grow  rich  ;  fo  the  King,  by  attending  his  Affairs  at  home, 
as  well  as  thofe  abroad,  grew  rich  too;  infomuch  that, 
at  the  Time  of  his  Demife,  he  actually  left  in  his 
Coffers  the  Sum  of  icc,ooo/.  befides  Plate  and  Jewels. 
A  Sum  that  would  amount  to  near  ten  Times  the  Value 
in  our  Times  s. 

King  Stephen.  Jn  the  turbulent  Years  of  King  Stephen's  Reign,  and 
during  the  bloody  Contefts  betwixt  him  and  Maud  the 
Emprefs,  for  the  Crown  of  England,  very  little  can  be 
expected  to  our  Purpofe.  There  were  no  regular  Tax- 
ations at  this  Time  ;  but  the  contending  Parties  main- 
tained themfelves  chiefly  by  the  Plunder  of  each  other's 
Tenants.  Neverthelefs  we  meet  with  one  Convention 
of  the  Eftates  in  this  Reign,  and  that  was  in  the  very 
firft  Year  of  it;  for  Stephen,  anxious  to  have  his  Title 
confirm'd  by  their  Authorities,  fummon'd  all  the  Biftiops 

At  Oxford.  and  Nobles  of  the  Realm,  by  his  Royal  Edi£r,  to  meet 
at  Oxford  for  that  Purpofe  £.  At  this  Meeting  Stephen 
figned  and  gave  a  moft  extenfive  Charter,  wherein  the 
Rights  and  Immunities  of  Holy  Church  were  largely  and 
principally  fecured  to  the  Clergy  of  all  Degrees  and  De- 
nominations. At  the  Tail  of  this  Charter  Stephen  alfo 
promifes  to  puni(h  or  remove  the  High  Sheriffs,  or  anv 
other  of  his  Officers,  that  fhall  ufe  any  unjuft  or  illegal 
Exadtions  on  the  People ;  and  that  he  will  well  and 
truly  keep  all  the  good  old  Laws  and  Cuftoms  in  all 
Cafes  whatfoever.  The  Barons  and  other  Great  Men, 
befides  the  Bifliops,  who  were  Witncfles  to  this  Char- 
ter, and  confequently  prefent  at  this  Convention,  weie 
[  13  ]  Roger  the  Chancellor,  Henry  the  King's  Nephew,  Ro- 
bert Earl  of  Gloucester,  William  Earl  Warren,  Ralph 

Earl 

s  Campbell"  s  Lives  of  Admirals,  &c.  zd  Edit.  Vol.  I.  p.  127. 
1  Efifcofoi  et  Procerfs  fui  Regni,  Regali  Edifio,  in  unuw  coKvenire prte* 
fefit,     Ric,  Prior  Hagulft.  inter  Decem  Script. 


of  E  N  G  L  A  N  D.  13 

Earl  otCbefter,  Roger  Earl  of  Warwick,  Robert  de  Vere,  King  Stephen. 
Miles  de  Gloucefter,  Robert  D'Oily,  Brian  Son  to  the 
Earl  Conjlable,  William  Martel,  Hugh  Eygot,  Humphrey 
de  Bohun,  Simon  de  Bellocampo,  Sewer,  William  de  Al- 
bany, Martel  de  Albany,  Butlers,  Robert  de  Ferrers, 
William  Peverel,  Simon  de  Silvanefli,  William  de  Alba- 
nia, Hugh  de  S.  Clare,  Ilbert  de  Lacy  ;  dated  at  Oxford 
in  the  Year  of  Chrift  M.C.XXXVI.  but  the  firft  of  his 
Reis;n.  Richard,  the  Prior  of  :  Hexham,  from  whom  we 
now  quote,  and  who  has  beft  preferved  the  Annals  and 
Acts  of  this  King,  has  given  us  this  Charter ;  the  Pre- 
amble to  which,  as  it  evidently  fhews  the  Title  by  which 
Stephen  claimed  the  Crown,  may  be  acceptable  to  the 
Reader.  It  is  as  follows  : 

T  Stephen,  by  the  Grace  of  God,  theConfent  of  the  Clergy 
•*•  and  People,  being  elected  King  over  England,  and  con- 
fecrated  by  William  Archbijbop  of  Canterbury,  Legate  of 
the  Holy  Roman  Church,  confirmed  by  Innocent,  Pontiff" 
of  the  Jame  See,  for  the  Refpefit  and  Love  I  bear  to  God9 
eh  declare  Holy  Church  to  be  free,  and  do  confirm  all  due 
Reverence  unto  it,  &c. 

In  the  Year  1 152,  when  Stephen  had  been  abroad  and  Anno  Regni  17, 
fettled  his  foreign  Affairs,  he  thought  proper,  at  his  Re-  II52< 
turn,  to  endeavour  to  fecure  and  eftablim  the  Crown  of 
England  upon  himfelf  and  Family ;  and  to  that  Purpofe 
called  a  general  Council  to  London;  that  is  to  fay,  Theo- 
bald, the  Archbifhop  of  Canterbury,  the  Bifhops,  and 
Great  Men  of  England".  He  propofed  to  them  the 
Coronation  of  his  Son  EuJJace,  that,  fays  our  Author,  he 
might  deprive  Duke  Henry,  Son  to  the  Emprefs  Maud^ 
of  his  Right  of  Succeflion;  and  particularly  required  the 
Archbifhop,  to  whofe  antient  Right  it  belonged  to  con- 
fecrate  Kings,  to  perform  that  Office  upon  his  Son.  The 
Prelate  boldly  anfwer'd,  That  the  Pope,  by  his  Letters, 
had  forbidden  him  to  crown  or  anoint  his  Son,  becaufe 
he  himfelf,  contrary  to  his  Oath,  had  ufurp'd  the  King- 
dom. The  King,  his  Son,  and  all  that  favoured  them,  [  14 
were  terribly  angry  at  this  Repulfe,  and  (hut  up  all  the 
Bifhops  with  their  Primate  in  one  Houfe,  that,  by 
Threats  and  Terrors,  they  might  extort  that  which, 

adds 

u  drciltpifcopo,  E/>ifioj>ii  quc^ue,  (t  Proctrittts  Anglije.    Ckrcn*  Gemi'. 
Cant,  inter  £)ecuu  Scupc. 


14  The  Parliamentary  HISTORY 

KiBg  St<pken.  adds  our  Authority,  neither  by  Price  nor  Prayer,  they 
could  prevail  in.  Some  of  the  JBifhops  were  intimidated 
and  began  to  ftagger,  which  the  Primate  perceiving, 
found  Means  to  make  his  Efcape  out  of  the  Houfe,  and, 
getting  over  the  Thames  in  a  Boat,  fled  to  Dover,  and 
fo  beyond  Sea.  For  his  Refolution  in  this  Affair,  and 
Flight,  the  King  feized  upon  and  fpoiled  all  his  Lands 
and  Pofleflions  c  :  But  Stephen's  Circumftances  being 
then  in  no  fuch  Plight  as  to  warrant  thofe  Proceedings, 
he  was  foon  obliged  to  recall  the  Archbifhop,  and  make 
him  Satisfaction  for  his  Depredations.  Stephen  died  foon 
after,  and  was  fucceeded  by 

KingH^ryll.  Henry  II.  who  began  his  Reign  in  the  Year  1154. 
He  was  the  Son  of  Maud  the  Emprefs,  Daughter  to 
Henry  I.  by  Maud  Daughter  of  Margaret  Queen  of 
Scotland.  In  this  Prince  the  antient  Royal  Saxon  Line 
was  reftored  to  the  Crown  of  England. 

Anno  Regni  z.  This  King  fummoned  a  General  AlTembly  %  or,  as 
"56*  fome  will  have  it,  a  Parliament,  in  the  fecond  Year  of 


AtWallin  ford  ^ls  ^e'§n»  to  meet  at  WatKrigford\  wherein  the  Bifhops 
'  and  Barons  fwore  to  the  Succeflion  of  his  Sons  William 
and  Henry,  and  the  King  confirmed  the  Charter  of  the 
Realm.     But, 

Anno  Regni  10.  In  the  Year  1  164,  the  fame  King  Henry  called  toge- 
1164.  tner  a  much  greater  Aflembly,  and  which  comes  the 
neareft  a  Parliament  of  any  Thing  we  have  yet  met  with. 
At  Clarendon.  This  Convention  of  the  Eftates  was  held  at  Clarendon^ 
and  confined,  as  Paris  writes,  of  the  w  Archbifhops, 
Bifhops,  Abbots,  Priors,  Earls,  Barons,  and  Nobles  of 
the  Realm  ;  over  whom,  by  the  King's  Command,  John 
de  Oxford^  his  Chaplain,  was  made  Prefident.  In  this 
Aflembly  the  King  carried  it  with  a  very  high  Hand 
againft  the  Prelates  and  Holy  Church,  fay  the  Monkifh 
Writers,  and  even  forced  Thomas  a  Becket,  Archbifhop 
of  Canterbury,  with  the  reft  of  them  prefent,  to  fwear  to 
fixteen  Articles  drawn  up  for  that  Purpofe.  Thefe  Ar- 
ticles are  at  large  in  Mat.  Paris,  Gervafe  of  Canterbury, 

and 

t  Mat.  Paris  fays  that  fome  of  the  Temporal  Lords  did  fwear  Allegiance 
to  Euflace. 

u  Ccn-ventus  generalis  Prtfjulum  et  Principum.     C'jrsn.  Gervaf.   Cant. 
inter  Decem  Script. 

w  Archiepifcopis,  Epifcopis,  Attatibvi,  Pritrifas,  Cunitibtis,  Baronibus, 
Preceribus  Regni,     Mat,  Paris. 


of   E  N  G  L  A  N  D.  15 

and  other  old  Writers,  called  The  Gonjlitutions  of  Cla-  KmgH«jrj  II. 
rendon,  but  have  been  fo  often  copied  by  the  Moderns, 
that  it  is  neecllefs  to  infert  them  here.  Thomas  travelled 
to  Rome,  and  was  abfolved  from  his  Oath  by  the  Pope; 
returned  back  to  England^  and  afterwards  bred  that  Di- 
fturbance  in  the  State  which  ended  in  his  own  Murder, 
and  the  King's  fhameful  Penance  for  having  a  Hand  in 
it. 

There  was  alfo  another  Convention,  or  Aflembly,  of  AnnoRegni  17; 
the  Bifhops  and  Barons,  called  to  York  in  this  King's        "7I* 
Reign,  viz.  Anno  1171  ;  in  which  Malcholm  King  of  At 
Scotland^  and  his  Succeflbr  William,  appeared  and  did 
Homage  to  Henry  for  that  Kingdom.     In  this  Meeting 
this  Subjection  is  faid  to  be  very  particular ;  William 
leaving  his  Breaft-Plate,  Sword,  and  Saddle,  which  were 
to  be  kept  in  the  Cathedral  Church  of  York  as  a  perpetual 
Memorial  of  it  x. 

In  the  Year  1176  this  King  Henry  at  Northampton,  Anno  Regal  11* 
by  and  with  the  Advice  and  Confent  of  the  King  his 
Son,  whom  he  had  caufed  to  be  crowned  fome  Time  be- 
fore,  the  Bifhops,  Earls,  Barons,  Knights,  and  others  y, 
constituted  and  appointed  Jufticiaries,  in  fix  different 
Parts  of  the  Realm,  three  in  each  Divifion ;  who  were 
fworn  to  execute  Juftice  impartially  to  every  one. 

Thefe  Juftices  and  their  feveral  Diftridts  are  particu- 
larly named  by  Roger  Hoveden,  but  are  not  confident 
with  our  Defign  to  mention  here.  Sufficient  it  is  to  fay 
that  the  Affixes,  Statutes,  or  Laws  of  this  King  Henry , 
made  fome  Time  before  at  Clarendon,  were  again  re- 
newed at  this  Convention,  and  the  new-made  Juftices 
were  fworn  to  obferve  them. 

Again,  in  the  Year  1 186,  another  Convention  of  the  Anno  Rcgnl  32, 
Eftates  was  called  to  meet  at  Gayntington  z,  and  by  their        ll86- 
Confent  he  impofes  the  fame  Tax  upon  his  Subjects  in  AtGaynti*£tov, 
England  which  he  had  juft  then  levied  in  Normandy,  and 
the  reft  of  his  foreign  Dominions.     This  was  impofed 
in  order  to  carry  on  a  War,  jointly  with  the  King  of 
France,  againft  the  Turks  and  Saracens,  for  the  Recovery      r    <  i 
of  the  Holy  Land  :  But  the  Undertaking  failed  in  Em- 
bryo; 

x  H.  Knyghton  inter  Decem  Script. 

y  Co/am  Efifrofit,  Cemititus,  tiarom'buf,  Militibut  tt  aliis  Homiaibus 
fuit.  Rad.  de  Diceto  inter  Decem  Script. 

R.  Hweden.     Daniel's  lliftory  of  England. 
.    i  Since  call'J  GajScn,  in  A'trtbamftcnftirt, 


1 6  The  Parliamentary  HISTORY 

King  Henry  II.  bryo ;  and  foon  after,  viz.  the  very  next  Year,  King 
Henry  II.  died. 

Taxes  feem  to  have  been  raifed  in  this  King's  Reign 
as  arbitrarily  as  before  ;  in  the  Beginning  of  it  there  was 
a  Scutage,  but  there  is  no  Account  what  it  amounted  to. 
A  fecond  Scutage  was  made  in  the  fifth  Year  of  his 
Reign,  amounting  to  1 80,000 /.     In  his  feventh  Year  a 
third  Scutage  was  raifed  at  two  Marks  every  Knight's 
Taxes  in  his       Fee;  in  the  1 2th,  is.  in  the  Pound  for  the  fir  ft  Year, 
Reign,  and    I  d.   a  Pound  for  four  Years  after,  of  all  Rents 

and  Moveables  ;  in  the  I4th  of  his  Reign,  a  fourth 
Scutage  at  a  Mark  a  Knight's  Fee;  in  the  i8th,  a  fifth 
Scutage,  uncertain  what  it  was  ;  in  the  laft  Year  of  this 
King's  Reign,  a  Tenth  on  all  Moveables  for  the  Cru- 
fade a. 

King  Richard  I.      Richard  I.  furnamed  Cceur  de  Lion,  was  the  third  but 
.       D     .       eldeit  furvivins  Son  of  Henry  II.  and  began  his  Reign  in 

Anno  Kegm  i.      ,      .,,  J 

Jl29.        the  Year  1 1 89. 

In  this  King's  Reign  we  meet  with  a  Convention  of 

the  Eftates,  in  the  very  firft  Year  of  it.     At  this  Time 

the  French  King  fent  an  Ambaffador  to  acquaint  the 

King  of  England  that  he,  and  the  whole  Noblefle  of 

France,  had  fworn  to  go  and  attempt  the  Refcue  of  the 

Holy  Land  from  the  Hands  of  the  Saracens;  and  invited 

Richard  and  his  Nobles  to  join  with  them  in  this  Holy 

Undertaking.     Upon  this  EmbafTy  the  King  convenes 

the  Bifhops,  Earls,  and  Barons  of  the  Realm,  lays  Paris, 

At  Wejlminjler.  to  meet  at  Weftminfter  b;  when,  acquainting  them  with 

the  French  King's  Invitation,  it  was  readily  agreed  to 

accept  of  it  by  Richard  and  his  Peers.     The  King  and 

the  Nobles,  taking  the  fame  Oath,  fet  out  from  England 

r-        i      fome  Time  after,  to  meet  the  French,  and  profecute  this 

'  -*      Holy  War  with  their  joint  Forces. 

The  Profecution  of  this  Holy  War,  the  various  Suc- 
cefs,  and  glorious  Exploits  of  our  brave  Englijh  King 

and 

'  Antiently  there  were  computed  to  be  in  Erg'and  40,000  Knights' 
Fees  in  the  Pofleflion  of  Spiritual  and  Temporal  Verlbns  j  fome  Writers 
fay  60,000  Knights'  Fees.  Stow  quotes  John  Roufc,  a  very  antient  Ma- 
nufcript  Hiftorian,  who  writes,  That  there  were  found,  in  the  151)1  Year 
of  the  Conqueror,  6o,a;i  Knights'  Fees  in  England.  A  Srutage,  in  After- 
reigns,  was  ufually  40  s.  on  each  Fee,  which  muft  amount  to  a  vaft  Sum 
ef  Money  in  thofe  Days.  Stmv's  Hijiory  of  England,  p.  191. 

b  At  London,  fays  Bromptor.. 

Rtx  congregatis  Epifcopis,  Comitibus,  et  Baronibus  Rcgni  Parli 
Londonise  babuit,     Cii «/;.  Johan.  Brornpton  inter  Dcccm  Script, 


^/ENGLAND.  17 

and  his  Forces,  are  copioufly  treated  on  by  M.  Paris,  King  Ricbvd  I. 
and  the  other  Monkifh  Writers  of  thole  Times.  It  is 
neither  our  Defign  to  follow  him  into  the  Eaft,  nor  at- 
tend him  in  his  long  and  dangerous  Paflage  back  again. 
At  his  Return  he  found  that  his  Brother  John  had  been 
playing  the  Devil  with  him  at  home,  whilft  he  had 
been  fighting  the  Lord's  Battles  abroad.  In  fhort,  he 
had,  in  Conjunction  with  the  French  King,  who,  upon 
a  Quarrel  in  the  Holy  War,  had  become  Richard's 
mortal  Enemy,  done  his  utmoft  to  difpofTefs  his  Brother 
of  his  Kingdom.  And  it  coft  King  Richard,  after  his 
Return,  fome  Trouble  and  Bloodfhed  to  bring  John 
and  his  Party  to  their  due  Obedience. 

Soon  after,  the  King  thought  fit  to  call  a  Parliament  Anno  Regni  5, 
at  Nottingham  ;  where  it  is  faid  by  fome,  that  Queen  "94« 
Eleanor  his  Mother  was  prefent,  and  fat  on  his  Right 
Hand.  But  Roger  Hoveden,  who  is  very  particular  in  At 
his  Account  of  this  AfTembly,  and  what  was  done  at  it, 
writes,  «  That  the  King  fat  in  State,  withHu&ert  Walter* 
^Archbifhop  of  Canterbury,  on  his  Right  Hand  ;  and 
Geofry  Plantagenet,  Archbifhop  of  York,  on  his  Left  c.' 
The  reft  of  the  Bifbops  and  Peers  that  compofed  this 
Meeting,  and  are  mentioned,  were  Hugh  Pudfey,  Bifliop 
of  Durham  ;  Hugh,  Bifhop  of  Lincoln  ;  William  Long- 
champ,  Biftiop  of  Ely,  the  King's  Chancellor ;  William 
deVere,  Bifhop  of  Hereford;  Henry,  Bifhop  of  Worcefter\ 
Henry  Marejhal,  Bifhop  of  Exeter  ;  and  John,  Biftiop  < 
of  Whitehaven  ;  David  Earl  of  Huntington,  Brother  to 
the  King  of  Scots,  Hamelin  Earl  ok  Warren,  Ralph  Blon- 
devile  Earl  ofChefter,  William  Earl  of  Ferrers,  William 
Karl  of  Salijbury*  and  Roger  Bigot  Earl  Mar/hall.  On 
the  firft  Day  of  their  Seffion,  which  was  March  agth, 
the  King  deprived  Gerhard  de  Canvile  of  the  PofTeffion 
of  the  Caftle  of  Lincoln,  and  his  Office  of  Sheriff  of  that 
Shire  ;  Hugh  Bardolph,  of  the  Caftles  of  York  and  Scar- 
brough,  the  Cuftody  of  Wejlmoreland,  with  the  Office  of 
Sheriff"  of  Torkjhire,  and  expofcd  them  to  Sale.  The 
Archbifhop  of  York  bought  the  Sheriff's  Office  for  that  [  18  j| 
County  for  3000  Marks,  and  an  annual  Rent  of  100 
Marks  d.  On  the  fecond  Day  the  King  demanded 
Judgment  againft  his  Brother  John,  for  having,  contrary 
to  his  Oath  of  Fealty,  ufurped  his  Caftles,  and  entered 

VOL.  I.  B  into 

c  Rogeri  Ilwtdtn  Annales,  p,  419.     d  2l:<t, 


The  Parliamentary  HISTORY 

into  a  Confederacy  with  the  King  of  France  againft 
him  ',  as  alfo  againft  Hugh  de  Navant,  Bifhop  of  Coven- 
try^ for  adhering  to  him  and  his  other  Enemies.  It 
was  determined  that  they  Ihould  both  appear  upon  a 
Day  fixed,  to  anfwer  according  to  Law;  which  if  they 
refufed  to  do,  the  Earl  fliould  be  banifh'd,  and  theBifhop 
undergo  fuch  Penalty  both  from  Clergy  and  Laity  as  his 
Crime  deferred  -.  On  the  third  Day  the  Parliament 
granted  to  the  King  two  Shillings  from  every  Plough- 
Land  in  England  f  :  Befides  he  required  a  third  Part  of 
the  Service  of  every  Knight's  Fee  for  his  Attendance  in 
Normandy,  and  all  the  Wool  that  Year  of  the  Cijlercian 
Monks,  which  being  judged  too  hard,  he  compounded 
with  them  for  a  Fine.  The  fourth  and  laft  Day  was 
fpent  in  hearing  and  determining  of  Grievances  and  Ac- 
cufations  ;  and  fo  this  Afiembly  broke  up  after  coming 
to  a  Refolution,  That  to  nullify  the  Act  of  Submifiion 
which  Richard  had  been  obliged  to  perform  to  the  Em- 
peror, he  fliould  be  crowned  again  j  which  accordingly 
was  performed  the  Rafter  following  at  Wincbefter. 

The  moft  of  this  King's  fhort  Reign  was  fpent  in  this 
Crufade,  as  well  as  great  Part  of  the  Nation's  Money. 
In  the  firft  Year  of  it  a  Scutage  of  twenty  Shillings  was 
laid  on  every  Knight's  Fee.  In  the  fecond,  for  the 
Armament  to  carry  on  the  Holy  War,  two  Saddle 
Horfes  and  twoSumpterHorfes  were  taken  of  every  City; 
C  "9  J  of  every  Abby  one  Saddle  Horfe  and  one  Sumpter  Horfe  ; 
and  of  every  Manor  of  the  King's  the  fame  as  the  Ab- 
bies.  For  his  Ranfom,  when  Prifoner  to  the  Emperor, 
of  every  Knight's  Fee  twenty  Shillings  ;  a  fourth  Part 
of  the  Rents  of  the  Laity ;  a  fourth  Part  of  the  Rents 
of  fome  Clerksr  and  a  tenth  of  others  ;  all  the  Gold  and 
Silver  the  Churches  had  ;  and  all  the  Wool  of  that  Year 
the  Cijler  clans  had,  as  well  as  the  Monks  of  the  Order 
of  Sempringhani)  who  never  were  taxed  before  s.  The 

Sum 

c  John  not  appearing  within  the  Time  limited,  the  King  caufed  Sen- 
tence to  be  pronounced  againft  him,  confifcating  all  his  Lands,  and  decla- 
ring him  incapable  to  fticceed  to  the  Ciovvn.  T'ne  Bi/hop,  two  Years  alter, 
was  reftored  to  the  King's  Favour  and  his  Biflioprick  for  2000  Maiks.— . 
Daniel's  Hiftory  of  England. 

f  A  Tax  antiently  called  Temantale.  R.  Hoveden.  See  Temantah  in 
Jacob's  Law  Dictionary. 

g  Nulla  denique  Ecd'efia,  millm  Or  Jo,  rtillui  Gradus  <vel  Sexus,  eft  pr<x- 
ttrnti/uSf  £«/  wn  (opretur  ad  Likercrtitnem  Regis,  M,  Paris. 


^ENGLAND.  19 

Sum  the  Emperor  demanded  for  King  Richard's  Ran-  King  Rictgrd  I. 
fom  was  150,000  Marks  of  Silver  h.  For  Liberty  of 
Tournament,  every  Earl  gave  20  Marks,  every  Baron 
10  Marks,  eve^-y  landed  Knight  4  Marks,  and  every 
Knight  of  Fortune  2  Marks.  In  the  Years  1185  and 
1196  were  raifed  the  Sum  of  1,100,000  Marks,  but 
not  faid  how  ;  alfo  an  Aid  of  five  Shillings  of  every 
Plough -Land.  Great  Sums  were  alfo  raifed  by  Seizures, 
Fines,  and  Compofitions,  and  Sale  of  the  Demefne 
Lands.  In  fine,  fo  much  Money  went  out  of  the  King- 
dom on  this  expenfive  Crujade,  and  for  the  King's 
Ranfom,  that  fcarce  a  genuine  Coin  of  this  King's 
Stamp  is  to  be  met  with  in  the  Collections  of  the  Cu- 


To  Richard  fucceeded  John  his  Brother,  the  youngeft  King  John. 
Son  to  Henry  II.  whofe  Reign,  though  it  proved  very 
unhappy  and  troublefome  to  himfelf,  yet  it  chanced  to 
be  of  infinite  Service  to  his  Subjects  and  all  their  Po- 
ilerity. 

In  the  Year  1200,  the  firftofhis  Reign,  he  called  to- Anno  Regni  i» 
gether  theEftates  of  the  Realm  to  meet  at  Lincoln;  where        ISO°* 
alfo,  fay    our  Hiftorians,    he  had    fummoned  William     AtLm-o/a, 
King  of  Scotland  to  appear  and  do  Homage  to  him  for 
that  Kingdom.     The  Scots  King  came,  and  the  Cere- 
mony was   performed   on  a  Hill  near  Lincoln,  in  the 
Prefence  of  all  the  Noblemen  of  both  Kingdoms,  and 
all  the  People1.     This  Convention  is  alfo  called  a  Par-      r  2o  1 
liament  by  fome  old  Writers  k,  tho'  for  what  Reafon 
we  are  not  able  to  learn,  for  there  were  no  Laws  of  any 
B  2  Kind 

*»  One  hundred  and  fifty  thoufand  Marks,  ad  Pondut  Colonise  Monetee 
publice  probata.  Rod.  de  Diceto,  inter  Decem  Script. 

One  hundred  thoufand  of  which  Marks  was  all  which  could  then  be 
raifed,  and  at  once  paid  down,  amounting  to  upwards  of  194,0007.  of 
our  prefent  Money,  as  Mr.  Folket  has  (hewn  in  his  Table  of  Silver  Coins, 
p.  142  and  1 66. 

In  this  King's  Reign  Hubtrt,  Archbifliop  of  Canterbury,  gave  this  as  a 
Reafon  for  his  withdrawing  from  the  Adminiftration,  That  there  had  been 
levied  on  the  Subjects,  in  the  Years  1195  and  1196,  the  Sum  of 
ijioo,iooo /.  which,  according  to  Dr.  Dawnant,  an  ingenious  and  ju- 
dicious Writer,  was  equal  to  Eleven  Millions  in  our  Times.  Campbell'* 
Lives  of  Englifi  Admirals,  vol.  I.  p.  196,  ad  Edit. 

1  Coram  Optimatiius  utriuj'que  Rcgni  et  cmni  1'opulo.  Knyghton,  inter 
Dsccm  Script. 

k  Rex  Johannes  in  Anglism  ex  Normania  reverfvt,  Parliamentum  fuux 
nfjue  Lincolmam  ctnvtcavtratt  Cbrsn,  J.  Brompton  inter  Decem  Script, 


20  *Tbe  Parliament  ay  HISTORY 

King  John.      Kind  enafted  at  it.     But,  in  the  Year  1204,  and  the 

.      fifth  of  his  Reign,  we   find   a  Meeting  of  the  Nobles 

nn°i*o4!m  5' called,  much  liker  a  Parliament  than  the  laft  '  ;  they 

A  met  at  ®xford  on  tne  fecond  of  January,  but  by  what 

t  Oxford.        iffnt  they  were  fummoned  is  not  fpecified.     Here  was 

granted  to  the  King  two  Marks  and  a  Half  of  every 

Knight's  Fee  ;  nor  did  the  Bifhops  or  Abbots,  or  other 

of  the  Clergy,  depart  without  a  Promife  of  the  fame. 

Anno  Regni  14.  The  Storm  betwixt  this  King  and  his  Barons  begin- 
XZI3'  ning  to  grow  high,  Stephen  Langton,  Archbifhcp  of 

At  London*  Canterbury,  interpofed,  and  with  much  ado  prevailed 
upon  John  to  call  a  Parliament,  or  Convention  of  Eftates, 
which  met  at  London  in  St.  Paul's  Cathedral  on  the 
25th  of  Auguft  in  This  Year.  Here  the  Archbifhop  pro- 
duced a  Charter  of  King  Henry  I.  which  he  faid  he  had 
found  by  Chance,  and  by  which  he  granted  to  his  People 
their  antient  Liberties,  which  had  been  violated  by  the 
unjuft  Exactions  of  his  Predeceffbrs,  fuch  as  were  ac- 
cording to  the  Laws  of  King  Edward,  and  with  thofe 
Amendments  which  his  Father,  by  the  Counfel  of  his 
Barons,  did  ratify.  This  Charter,  which  is  ftill  extant 
in  M.  Paris,  being  read  amongft  the  Barons,  they  were 
much  rejoiced  at  it ;  and  fwore  in  the  Prefence  of  the 
Archbilhop,  that  for  thefe  Liberties  they  would,  if  Need 
required,  fpend  their  Blood  ;  and  making  an  Agreement 
with  the  Prelate  to  that  End,  they  broke  up  without 
any  Anfwer  from  the  King. 

KtagKtt  Cbarta.  Now  we  come  to  the  Time  when  Magna  Charta,  or 
the  Great  Charter  of  our  Liberties,  was  granted,  or  rather 
forced  from  this  King  by  his  Barons.  This  being  the 
Fundamental  Part  of  our  Engiijh  Laws,  {rands  in  the 
Front  of  all  our  printed  Statutes,  and  is  the  great  Bul- 
wark betwixt  the  Power  of  the  Crown  and  the  Liberties 
of  the  Subject:  For  having  been  frequently  renewed  and 
t  2I  ]  confirmed  by  feveral  A£ts  of  Parliament,  it  is,  by  the 
ableft  Lawyers,  called  U  EJlatute  de  Magna  Gharta, 
Charta  Libcrtatum  Regni,  Communis  Libertas,  and 
Chartre  de  Francbifes.  The  Reafon  of  its  being  called 
Magna,  fays  one  m  great  Man  of  the  Law,  is  becaufe  of 

the 

1  Rex  &  Magnates  Angliae  convir.erunt,  cpud  Oxoniam  ad  Colloquium^ 

M,  Paris. 
»  Code's  Jnflitutes,  Lib,  ii.  Cap.  3.    A  poor  Ginglc, 


^ENGLAND.  21 

the  great  Weightinefs  and  weighty  Greatnefs  of  the  Kin§  Jot>"' 
Matter  contained  in  it.  B      .    , 

This  Charter  was  firft  granted  in  Form  by  King  John,  ***£!£  * 
in  the  fixreenth  Year  of  his  Reign,  after  a  long  Series  of 
Civil  War  between  him  and  his  Barons,  of  which  our 
Chronicles  give  a  melancholy  and  terrible  Defcription. 
The  King  being  at  faft  hard  put  to  it  by  the  Barons,  de- 
ferted  almoft  by  every  one,  and  having,  as  M.  Paris 
writes,  only  feven  Lords  about  his  Perfon,  thought  it  high 
Time  to  footh  his  other  angry  Nobles,  and  therefore  fent 
William  Marefchal,  Earl  of  Pembroke,  with  fome  others, 
to  the  Lords,  then  at  London,  to  tell  them  that  he  would 
grant  the  Laws  and  Liberties  they  defired.  The  Am- 
balTador  and  his  MeiTage  were  received  with  great  Joy 
by  the  Barons,  who  appointed  a  Time  and  Place,  accord- 
ing to  the  King's  Defire,  for  the  Meeting. 

This  great  AfTembly  of  the  King  and  the  Barons  was 
in  a  Place  betwixt  Wind/or  and  Status,  called  Runing-  At  *»»'»£»«*• 
mede  n,  which  is  interpreted,  fays  Mat.  Wejlminfter, 
the  Meadow  of  Council;  becaufe,  adds  he,  in  antient 
Times  the  Peace  of  the  Kingdom  had  been  frequently 
treated  on  in  that  Place.  On  the  I5th  of  June,  1215, 
the  King  and  Nobles  met  in  this  Meadow;  on  the 
King's  Side  appeared  with  him  the  Archbifhops  of  Can- 
terbury and  Dublin^  the  Biihops  of  London,  Winchejler, 
Lincoln,  Bath,  Worcefter,  Coventry,  and  Rochejler-,  Pan- 
dulph,  the  Pope's  Agent,  and  Mafter  of  the  Order  of 
Templars  in  England:  Of  Noblemen,  William  Mare- 
fcbal  Earl  of  Pembroke,  the  Earls  of  Salt/bury,  Warren, 
and  Arundel;  Alan  de  Galewey,  William  Fitzgerald, 
Peter  Fitzherbert,  Thomas  BaJ/'et,  Matthew  Fitzherbert, 
Alan  Baffet,  Hugh  de  Nevile,  Hubert  de  Burg,  Robert 
de  Roppelay,  John  Marefchall,  and  Philip  de  Albiney. 
On  the  Part  of  the  Barons,  fays  Paris,  appeared  fuch  a  [  22  ] 
Number,  that  it  feem'd  as  if  all  the  Nobility  of  England 
were  collected  into  one  Body.  At  length,  adds  our 
Author,  after  they  had  treated  on  various  Subjects,  the 
King,  knowing  full  well  that  his  Strength  was  much 
inferior  to  that  of  the  Barons,  without  the  leaft  feeming 
Reluctance,  agreed  to  fcveral  Articles,  and  confirmed 
them  by  his  Charter. 

B  3  Next 

n   Mat.  Wffimlnfltr  calls  it  Runnemcd ;  and  M.  Paris,  RunlngemunJ. 
This  Meeting  was  property  neither  a  Convention  nor  a  Parliament,  fines 
not  cali'd  by  the  King. 


22  The  Parliamentary  HISTORY 

Next  follows  the  Charter  at  Length  in  M.  Paris,  as 
a de Foreffawe^  as  t^le  ^harta  ^e  Forefta,  granted  at  the  fame  Time; 
"which  Foreft-Laws  and  Customs,  as  they  could  not  be 
inferted  in  the  fame  Schedule  with  the  former,  by  reafon 
of  their  Length,  fays  Paris,  made  a  different  Inftrument, 
and  was  witnefled  accordingly.  Both  thefe  Charters 
haVe  been  fo  often  printed  and  puhlifhed  in  various  Au- 
thors and  Forms,  that  it  is  unneceflary  here  to  fay  any 
more  about  them ;  particularly  they  have  lately  had  great 
Juftice  done  to  them  in  a  pompous  Work  published  by 
William  Black/lone,  Efq;  Vinerian  Profellbr  of  the  Laws 
of  England,  at  Oxford  n.  This  Gentlemen  has  traced 
thefe  Charters,  very  learnedly  and  painfully,  from  the 
original  granting  of  them,  through  the  feveral  Attempts 
of  our  Kings  to  caffate  or  infringe  them,  to  their  final 
Confirmation  and  Eftablifhment.  A  Work  which  re- 
flects great  Honour  upon  the  Author,  and  worthy  of  the 
Attention  of  every  EngUJhman  that  would  underftand  the 
Laws  and  Liberties  of  his  Country. 

That  our  Readers  may  the  better  underftand  to  whofe 
Memories  they  are  indebted  for  great  Part  of  their  pre- 
fent  Liberties,  it  will  not  be  amifs  to  give  the  Names  of 
twenty -five  Lords  who  were  chofen  by  the  reft,  and 
fworn  to  fee  that  this  Royal  Charter  was  confirmed  by 
the  Pope's  Bull  for  the  greater  Security  of  it.  The 
Titles  and  Names  were  as  follow:  The  Earls  of  Clare, 
Albemarlc,  Glouceftcr,  Winch  e ft  er,  and  Hereford;  Roger 
Bigot  of  Norfolk ,  Robert  de  Fere  of  Oxford,  Earl  Mare- 
fchal,  jun.  Robert  Fitzwalter,  fen.  Gilbert  de  Clare,  Eu- 
Jlace  de  Vefcy,  Huge  Bigot,  William  de  Mulbray,  William 
de  Huntingfilue,  Richard  de  Mountfitchet,  William  de  Al- 
lineto,  the  Mayor  of  London,  Gilbert  Delaval,  Robert  de 
Ros*  the  Conftable  of  Cbefier,  Richard  de  Percy,  "John 
Fitzrckertf  William  Malut^  Gee  fry  de  Say,  and  Roger 
de  Mulbray.  To  th. Tc  Lords  were  alfo  fvvorn>  as  Co- 
adjutors and  fubfervient  to  them,  the  Earls  of  Arundale 
and  W-jrren,  Henry  D'OHy,  Hubert  de  Burg,  Matthew 
Fitzherberi.  Robert  de  Pinkeni,  Roger  Huf carle,  Robert 
de  Newbury,  Henry  de  Ponte  Audomarli,  Radulpb  de  la 
Haic,  Henry  de  Brentfeld,  Garim  Fitzgerald,  Thomas 
KaJJet,  William  de  Rokclant,  William  de  Saintjohan,  Alan 
Bajfet,  Richard  de  Rtpanis,  Hugo  Beneval,  Jordan  de 

n  Oxford,  at  the  Clarendon  Prefs.     M.DCC.LIX, 


^ENGLAND.  23 

SautvtH,  Rod.  Mujkard^  Richard  Sibfleuvajl,  Robert  ^King>fr«. 
Ropelay^  Andrew  de  Beaucamp,  Walter  de  Dune/table^ 
Walter  Folioth^  John  Faukes^  John  Marefcball^  Plrilip  de 
Albenl^  William  de  Parco,  Radulph  de  Normanvile^  Wil- 
liam de  Perci.,  William  rfgailun^  Engerus  de  Prateft^  Wil- 
liam de  Cirent^  Roger  de  Zuche>  Roger  ]?itzharnardt  and 
Gcofry  de  Cracttmbe.  Thefe  all  fwore,  fays  Paris,  to  obey 
the  Commands  of  the  aforefaid  twenty-five  Barons;  and 
all  thefe  together  make  up  the  Lift  of  the  principal  Per- 
fons  that  compofed  this  Grand  Afiembly.  The  King, 
however,  was  not  over  willing  to  ftick  to  thefe  Charters 
of  Liberties,  but  had  many  Struggles  with  his  Barons 
afterwards,  in  order  to  difannul  them.  He  died  the 
Year  following,  and  left  his  Kingdom,  deeply  involved 
in  this  Civil  War,  to  his  eldeft  Son  Henry  °. 

Henry  III.  began  his  Reign  in  the  Year  1216,  being  King  Henry  III; 
then  only  Nine  Years  of  Age.  At  a  very  dangerous 
and  troublefome  Period  did  this  young  King  come  to 
the  Crown  ;  the  Kingdom  full  of  interline  Broils,  and 
a  foreign  Enemy,  headed  by  Lewis  the  French  King's 
Son,  in  the  Heart  of  it.  But  the  Barons,  foon  after, 
finding  it  their  own  Interefl  to  unite,  did  fo,  and  drove 
Lewis  out  of  the  Kingdom  ;  and  all  Things  went  on, 
in  an  amicable  Manner  during  the  King's  Minority. 

There  are  fome  Inftances  of  Parliaments,  or  Con- 
ventions of  the  Barons,  &c.  being  called  in  the  Mino- 
rity of  this  King,  in  Dr.  Black/tone's  Introduction  to 
Magna  Charta,  before-mentioned  ;  particularly  one  in 
the  Year  1217,  A.  R.  II.  ttLondon^  which,  the  Doctor 
fays,  has  efcaped  the  Notice  of  all  our  antient  Hiftorians, 
as,  doubtlefs,  he  adds,  many  others  have  done.  At  this 
Meeting  the  King's  Minifters,  in  the  Name  of  their 
young  Mafter,  thought  fit  to  ratify  and  confirm  the  two 
Charters  granted  by  his  Father p.  But  we  have  no  ab- 
folute  Certainty  of  any  more  till  in  the  Year  1223,  aAnnoRegni8' 
Meeting  of  the  Barons,  or  a  Parliament,  was  fummoned 
to  London  ;  where  the  King  met  them,  'January  I3th,  At  London, 
the  fame  Year  q.  At  this  Conference  the  Archbimop 

of 

°  There  were  ievernl  Scutages  in  this  King's  Reign,  but  as  they  were 
arbitrarily  and  varioufly  coile£ted,  they  do  not  defcrve  Notice  ;  who  will 
may  Ice  them  in  a  modern  Hiftoiian.  See  Cards  llijlory  tf  EnglauJ, 
Vol.  J.  p.  844. 

P  Sec  BletK/fone'i  Mag.  C/.-jr.  Introd.  p.  xxxix.  and  Note  ft}  p./tq-  \l>. 

c>  £;x  &d  Ly;^v)iii^i  vfr.tens  fjm  Uarnnibut  ad  Colloquium.      M.  Paris. 


24  The  Parliamentary  HISTORY 

King  Henry  ill.  of  Canterbury,  Stephen  Langton,  and  other  great  Men, 
requeued  the  King  that  he  would  confirm  the  Liberties 
and  free  Cuftoms  for  which  a  War  was  made  with  his 
Father  ;  urging,  moreover,  That  when  Lewis  left  Eng- 
land, both  the  King  and  a!l  the  Nobility  had  (worn  to 
obferve,  and  caufe  to  be  obferved,  thofe  Liberties  ;  and 
therefore  he  could  not  refufe  to  do  it.  Upon  which 
William  Briwerc,  one  of  the  King's  Council,  replied, 

*  That  the  Liberties  they  defired  were  violently  extort- 
ed, and  therefore  ought  not  to  be  obferved.'  The  Arch- 

r  2±  ]  bifhop  of  Canterbury  in  a  Pafiion  reproved  him,  and 
faid,  '  That,  if  he  loved  the  King,  he  would  not  hinder 
the  Peace  of  the  Kingdom.'  The  King,  feeing  the 
Prelate  much  moved  on  the  Occafion,  allured  them, 

*  That  he  had  bound  himfelf  by  an  Oath  to  preferve 
their  Liberties,  and  what  was  fworn  he  would  obferve.' 
And  having  called  a  Council  he  forthwith  fent  his  Let- 
ters to  all  the  Sheriffs  in  the  Kingdom,  to  make  Inquiry 
by  the  Oaths  of  twelve  Knights  or  legal  Men,  in  every 
County,  what  were  the  Liberties  of  England  in  the 
Time- of  King  Henry  his  Grandfather,  and  to  make  a 
Return  of  them  to  London  fifteen  Days  after  Eajhr. 

Anno  Regni  9.  The  next  Year,  1 224,  the  King  met  the  Archbifhops, 
1224.  Bifhops,  Earls,  Barons,  and  many  others  r,  fummoned 

At  Northampton,  to  appear  at  Northampton^  to  treat  about  the  Affairs  of 
the  Kingdom.  The  King  being  willing,  fays  Paris,  to 
take  the  Advice  of  his  Great  Men  %  concerning  his  fo- 
reign Dominions,  which  the  King  of  France  had  then 
in  his  PolTeflion.  But  their  Negotiations  were  inter- 
rupted by  a  fmall  Rebellion,  which  at  that  Time  broke 
out  very  near  them.  One  Falcafius,  or  Fauke  de  Brent, 
had  feized  upon  Braibrooke^  one  of  the  King's  itinerant 
Juftices,  for  fetting  a  Fine  upon  him  for  committing 
much  Spoil  and  Rapine  in  the  Country,  and  had  impri- 
foned  him  in  his  Caftle  at  Bedford.  The  King  and  his 
Great  Council  being  much  fcandalized  at  fuch  a  bold 
Proceeding,  ordered  the  Caftle  to  be  befieged  ;  which 
it  was,  and  taken,  and  24  of  the  Garrifon  hang'd  up  on 
the  Walls  of  it.  The  Rebel  himfelf  found  Means  to 
fly  into  Wales ;  but,  by  the  Interceffion  of  a  Bifhop,  he 
was  introduced  to  the  King,  fell  down  at  his  Feet  and 

implored 

r  Convenerunt  ad  Colloquium  apud  Northampton,  Rex  cum  Ar 
Epifcopii    Comitibus,  Baronibus,  cum  tnultis  aliis,     M.  Farist 

*  *  Uti  Confilio  Magnatum.     Ibid. 


of    E  N  G  L  A  N  D.  25 

implored  his  Mercy,  urging  his  former  Services  for  his  Kin£  IIenry  UI« 
Pardon.     The  King,  by  the  Advice  of  his  Council,  ha- 
ving firft  taken  from  him  his  Caftles,  Lands,  and  Goods, 
committed  him  to  the  Cuftody  of  the  Bifhop  of  London 
till  further  Orders.     After  this  the  Aflembly  granted  to 
the  King,  for  his  great  Trouble  and  Expences,  2  s.  of 
every  Plough-Land  ;  and  the  King,  in  return,  granted 
the  Barons  two  Marks  Sterling  of  every  Knight's  Fee,      [  25  ] 
to  be  levied  on  their  Tenants. 

King  Henry  kept  his  Chrijlmas  at  Weftminfter  in  the  Anno  Regni  w. 
Year  1225,  where  it  appears  that  the  Barons,  &c.  were  I2ZS* 
fummoned.  Here  it  was  that,  in  a  very  full  Aflembly 
of  both  Clergy  and  Laity,  Hugo  de  Burgh,  the  King's 
Judiciary,  in  the  Prefence  of  them  all,  declared  '  The 
4  Damages  and  Injuries  the  King  fuftained  in  his  Domi- 
c  nions  beyond  Sea  j  wherein  not  only  the  King,  but 
'  alfo  feveral  Earls  were  thrown  out  of  their  Pofieffions. 
'  That,  feeing  many  were  concerned,  the  Afliftance 
'  ought  to  be  proportionable;  he  therefore  requir'd  their 
4  Counfel  and  Aid,  that  the  Royalties  ot  the  Crown,  and 
'  their  antient  Rights,  might  be  recovered ;  for  the  re- 
'  trieving  of  which,  he  thought,  the  fifteenth  Part  of  alj 
'  Moveables,  both  of  Ecclefiaftics  and  Laics,  would  be 
«  fufficient.'  This  being  moved  by  the  Chief  Juftice, 
the  Peers,  after  fome  Deliberation,  returned  this  Anfwer 
to  the  King  :  '  That  they  would  readily  fatisfy  his  De- 

*  mands,  if  he  would  grant  to  them  their  long-defired 

*  Liberties.'     To  this  the  King  confcnted,  and  Char- 
ters were  forthwith  writ,  and  fealed  with  the  King's  Seal, 
and  one  directed  to  every  County  in  England.     To  the 
Counties  alfo,  where  there  were  Forefts,  two  Charters 
were  directed;  one  concerning  their  common  Liberties, 
and  the  others  the  Liberties  of  the  Foreft.     The  Tenor 
of  thefe  Charters  are  the  very  fame  with  thofe  of  King 
John,     A  Month  after  Eajler,  a  Day  was  fet  to  chufe 
twelve  Knights  and   legal  Men  ",  who,  upon  Oath, 
fhould  diftinguifli  the  new  Forefts  from  the  old  ones  ; 
and  whatever  Forefts  were  found  to  be  made  after  theCo- 
ronation  of  Henry  II.  were  forthwith  to  be  difafforefted. 

The  Council  being  ended,  Charters  were  carried  to 
every  County ;  and,  by  the  King's  Command,  every 

one 

t  Coram  drcbiepifcopis,  Efifcop's,  Comitiius,  Baronikut,  et  aliis  Um- 
•verfts.     M.  Paris. 

u  Duodeum  Militet  et  Homines  Le^alet,    Ibid* 


26  ¥he  Parliamentary  HISTORY 

King  Henry  III.  one  fworn  to  obferve  them.  The  Way  and  Manner  of 
Jevying  this  Fifteenth  was  dire&ed  by  the  King ;  and 
L  2°  J  becaule  it  is  very  particular  to  know  how  Fifteenths  were 
raifed  in  thofe  Days,  Dr.  Brady  has  printed  the  Record 
of  it  in  his  Appendix  w.  In  this  Parliament  alfo  the  .Ba- 
rons granted  the  King  the  Wards  and  Marriages  of  their 
Heirs,  which  proved,  what  it  was  then  called  by  thofe 
who  had  a  View  into  the  Confequences  of  Things,  Ini- 
tium  Mall. 

The  fame  Year,  in  the  Month  of  March,  another 
AfTembly  of  the  Great  Men  was  called  ;  but  nothing 
more  was  done  at  it  than  the  Trial  of  Falcafius  de  Brent, 
the  Rebel  aforefaid;  when  the  King,  with  the  Confent 
and  Advice  of  the  Cobles,  condemned  him  to  perpetual 
Banifhment.  This  Man,  fays  Paris,  at  his  going  on 
Shipboard  to  his  Exile,  with  Tears  in  his  Eyes,  bid  the 
Meflengers  that  conducted  him  tell  the  King,  *  That 
'  whatever  he  had  done  was  by  the  Instigation  of  the 

*  EngUjb  Barons  x.' 

Thus  far  Matters  went  very  even  betwixt  this  King 
and  his  Barons  ;  but  now  Henry,  being  arrived  at  Man- 
hood, wanted  to  knock  off  the  Shackles  which  were  im- 
pofed,  as  he  thought,  on  the  Royal  Prerogative,  by  the 
granting  of  the  Great  Charter,  &c.  notwithstanding  he 
had,  at  his  Coronation,  fworn  to  keep  them  inviolably, 
and  had  publickly  confirmed  this  Oath  at  feveral  Times 
after. 

AnnoRegniu.      To  this  Purpofe,  in  the  Year  1226,  at  an  Aflembly 

izz6.        of  the  Peers,  called  to  meet  together  at  Oxford,  the  King 

At  Oxford.    toM  them,  *  That  fince  he  was  now  arrived  at  a  lawful 

*  Age,  for  the  future  he  would  be  releafed  from  the  Go- 

*  vernment  of  others,  and  take  the  Reins  of  it  into  his 

*  own  Hands.'     He  then,  by  hhs  Authority,  cancelled 
'  Magnu  Charta  and  Charta  de  Fcre/ia;  giving  this  Rea- 
fon,  '  That  thofe  Charters  of  Liberties  were  made  and 

*  figned  when  he  was  not  his  own  Mafter,  but  under  the 
'  Government  of  others,  and  confequently  could  not  be 
'  valid,  becaufe  he  was  not  bound  to  keep  what  he  was 
•forced  to  promife  ?.'     This  Declaration,  fays  Paris, 
made  very  great  Murmuring  in  the  Ailembly  ;  and  all 

afcribed 

w  See  theAppendix  to  Dr.  Brady 's  Cwpleat  IlijJsry.  from  Pat.  9  H.  III. 
M.  7.  Dorjo. 

x  Inftinclu  Majirum  Regnl  Anelias  fecifft.     M.Paris. 

y  C>m  net  fui  Corforis  aut  Sig-iiii  aliquati  Patcjiaicin  iabutrit.     Ibid. 


of   EN  GL  AN  D,  27 

afcribed  this  Ad  of  the  King's  to  the  Advice  of  his  Prime  KInB  Ktnr3  ni« 

Minifter,  Hubert  de  Burgh,  at  that  Time  Chief  Juftice 

of  England  \  who,  adds  our  Authority,  was  grown  fo 

much  in  the  young  King's  Favour ,  that  no  Advice  but  his 

own  was  the  leatt  regarded.   At  the  fame  Time,  it  was 

told    the  Churchmen,  *  That   the  King   intended   to 

maintain  their  Liberties,  provided  they  would  all  take 

out  new  Charters,  efteeming  the  old  ones  as  no  ways 

valid.     And,  as  a  more  mortal  Wound  to  the  Clergy, 

a  Fine   was  laid,  not  according  to  their  Abilities,  but 

what  the  Prime  Minifter  demanded,  that  they   were 

obliged  to  pay. 

In  the  Year  1232,  the  King  kept  his  Cbriftmas  at  Anno  Regni  i6» 
Winchefter,  and  upon  the  yth  of  March  following  he  I2r3z* 
met  the  Nobles,  as  well  Prelates  as  Laics,  at  Wtftmin-  A.tWeftminfter» 
Jler  z  :  To  whom  he  declared,  '  That  his  late  Expedi- 
tion abroad  had  involved  him  in  very  great  Debt,  by 
which  he  was  now  abfolutely  obliged  to  require  a  gene- 
ral Aid.'  To  this  Demand  Ranulpb,  Earl  of  Cbejler* 
replied,  in  the  Name  of  the  Noblemen,  '  That  the 
Earls,  Barons,  and  Knights  who  held  of  the  King,  In 
Capite,  had  perfonally  fejved  him,  and  had  been  at  great 
Expence  to  no  Purpofe  ;  whereby  they  were  reduced  to 
Poverty  ;  and  therefore,  of  Right,  they  owed  no  Aid  to 
the  King  at  that  Time.'  Then  the  Lay  Lords,  aflcing 
Leave,  departed.  The  Prelates,  &c,  anfwered  for  their 
Parts,  *  That  many  Bifliops  and  Abbots,  who  were 
iummoned,  were  not  yet  come  up ;  and  therefore  de- 
iired  that  it  might  be  deferred,  and  a  Day  appointed  for 
all  to  meet  together,  and  confult  what  ought  to  be  done 
in  that  Bufinefs.'  The  King  agreed  to  this,  and  the 
Meeting  was  fixed  to  be  fifteen  Days  after  Rafter. 

Some  Time  after  this  a  great  Storm  was  raifed  againfl 
Hubert  de  Eurgh^  the  King's  Prime  Minifter,  and  Chief 
Juftice  of  England :  He  was  accufed  of  feveral  very  high 
Crimes  and  Mifdemeanors,  recounted  at  large  by  M. 
Paris :  That  he  had  been  guilty  of  feveral  treafonable 
Praclices,  and  given  treacherous  Advice  to  the  King  ; 
much  to  the  Prejudice  of  both  him  and  the  Kingdom :  That 
he  had  procured  William  Longefpee  Earl  of  Sal(fbury,  *•  •* 
William  Martfchal  Earl  of  Pembroke^  Falcafms  de  Brent , 

and 

z  Convener-ant  ad  Colloquium  apud  Weftmonafterium,  ad  Focaliontm  Rt- 
gi:,  Miignatct  Anglitc,  ram  Pratt Jti  quern  Laid,     M,  Paris, 


28  The  Parliamentary  HISTORY 

King  Henry  III,  anc]  Richard  IVetberJbed  Archbifhop  of  Canterbury,  to 
be  poifoned  :  That  he  had  gained  the  King's  Affections 
by  Sorcery  and  Witchcraft.  He  was  accufed  alfo  of 
Injuftice,  Extortion,  and  Rapine.  All  which  extraor- 
dinary Crimes  were  urged  fo  home  againft  the  Favourite, 
before  the  King,  that  he  caufed  it  to  be  publickly  pro- 
claimed in  London,  that  whoever  had  any  Complaint 
againft  Hubert  fhould  come  before  him,  and  Juftice 
fhould  be  done  to  the  Offended. 

Anno  Regni  16.      On  the  I4th  of  September^  the  fame  Year,  1232,  the 
1*3*.        JGng  fummoned  the  Bifliops  and  other  Prelates  of  the 
Church,  with  the  Nobility  of  the  Kingdom  a  to  meet 
At  Lambeth.      at  ^ambetb  ;  by  whom  the  fortieth  Part  of  all  Moveables, 
belonging  to  all  Bifhops,  Abbots,  Priors,  Clerks,  and 
Laymen,  was  granted  to  the  King,  for  the  Payment  of 
the  Debt  which  he  owed  to  the  Earl  of  Britain.     At 
this  Convention  alfo  Hubert  de  Burgh  was  required  to 
give   in  his  Anfwer  to  the  feveral  Articles  preferred 
againft  him  ;  as  it  had  been  ftipulated  by  the  King. 
But  Hubert^  fays  Paris,  fearing  that  the  King  would 
put  him  to  fome  fliameful  Death,  thought  fit  to  abfcond 
and  fhut  himfelf  up  in  a  Sanctuary  amongft  the  Canons 
at  Merton  b  ;  waiting  for  a  Time  to  give  in  his  Anfwer 
when  the  King  was  in  a  better  Humour.     Henry,  in  a 
great  Rage  at  this,  fent  to  the  Mayo.r»of  London  to  force 
Hubert  from  his  Sanctuary,  and  bring  him  before  him 
dead  or  alive.  The  Londoners,  glad  of  this  Opportunity 
to  be  revenged  of  Hubert,  for  hanging  a  favourite  Citi- 
s&en  of  theirs,  rung  the  Alarm  Bell,  and,  inftantly,  near 
20,000  of  the  meaner  Sort  were  collected  together,  to 
whom  the  Mayor  read  the  King's  Letter,  and  defired 
them  to  be  all  ready  in  the  Morning  to  perform  the 
King's  Commands.     But  fome  of  the  graver  Sort  of 
Citizens,  and  richer  we  fuppofe,  dreading  the  ill  Con- 
fequence  of  raifing  fuch  a  tumultuary  Mob,  went  to 
the  Biftiop  of  Winch >efter's  Houie  at  Soutbtvark,  and  de- 
[  29  ]      fired  his  Advice,  who  told  them  plainly  that  whatever 
came  of  it  they  muft  execute  the  King's  Precept.   Struck 
with  this  ftrange  Epifcopal  Advice,  fays  Matthew,  they 
retired  ;  and  accordingly  next  Adorning  the  fame  Num- 
ber 

a  Epifcopi  et  alii  Ecclcjtarum  Preelati,  cum  Proceribus  Rerni.    M.  Paris. 
b   Merton  in  Surrey,  an  Abby   founded  by  Henry  1.   for  Canons  cf  St. 
jSuflin,  dnno  uzi.     Man*  Ang.  torn,  II.  f.  135, 


^/ENGLAND.  29 

ber  of  Citizens,  or  more,  appeared  in  Arms,  and,  with  King  Henry  ill, 
Colours  flying,  march'd  towards  the  Sanctuary.  Hubert^ 
when  he  heard  of  this,  gave  himfclf  up  for  loft,  and» 
throwing  himfelf  on  his  Knees  before  the  High  Altar  of 
the  Church,  recommended  both  his  Soul  and  Body  to 
God.  But  Ranulph  Earl  of  Cbejler  had  hinted  to  the 
King,  that  if  fuch  tumultuous  Proceedings  were  counte- 
nanced, a  Sedition  might  be  raifed  that  would  not  be 
eahly  appeafed ;  adding,  that  it  would  be  a  great  Re- 
proach to  the  King  abroad,  when  it  was  heard  that  he 
thus  treated  thofe  who  had  been  his  Favourites.  The 
King  was  ftagger'd  at  this,  and  immediately  difpatched 
two  Meflengers  with  Letters  to  the  Mayor  to  revoke  his 
former  Precept.  The  Citizens  were  amazed  at  thefe 
counter  Orders ;  but,  however,  notwithftanding  they 
miffed  of  their  Prey,  they  all  went  quietly  back  to  their 
own  Homes. 

Thefe  Things  happened  whilft  the  aforefaid  Conven- 
tion of  the  Nobles  was  fitting  at  Lambeth,  in  order  to 
have  Hubert  brought  before  them,  which  makes  us  fo 
particular  in  the  Recital. 

Hubert,  however,  efcaped  the  Fury  of  his  Enemies 
for  that  Time ;  and  having  foon  after  delivered  up  all 
his  immenfe  Riches  to  the  King,  it  fo  foften'd  Henry's 
Heart,  that  if  he  did  not  wholly  forgive  him,  yet  he 
granted  him  all  his  Lands  again ;  and  Hubert  only  re- 
mained a  State  Prifoner  in  the  Caftle  of  Devizes  for 
fome  Time. 

In  the  Place  of  Hubert  de  "Burgh,  Earl  of  Kent,  Henry 
foon  got  a  new  Favourite,  but  ten  Times  more  obnoxi- 
ous to  the  Barons  than  the  former.  This  was  Peter  de 
Rupibus,  Bifhop  of  Wmckejler;  who,  with  Peter  de  Ri- 
va/ly  his  Kinfman,  now  governed  the  King  and  all  the 
public  Affairs  of  the  Kingdom.  Thefe  Men,  being  Fo- 
reigners, invited  over  into  England  feveral  Poiflevins  and 
Bretons,  to  the  Number  of  2000  Knights  and  Servants, 
who  were  placed  as  Garrifons  in  feveral  Caftlcs;  and  to 
thefe  the  eafy  King  committed  the  Wardfhips  of  the 
Nobility;  which  afterwards  much  degenerated,  by  being  [  30  ^ 
ignobly  matched  to  thefe  Foreigners.  And  when  any 
Englijhman  complain'd  of  their  Burdens  and  Oppreffions 
to  the  King,  they  were  hindered  from  any  Redrefs  by 
the  powerful  Influence  of  the  Bifhop  of  Winde/ler. 

By 


30  The  Parliamentary  HISTORY 

King  May  in.      By  thefe  Means  the  Flame,  that  burnt  fo  fiercely  In 
his  Father's  Time,  was  again  lighted  up  in  the  King- 

Anno  Regni  ly-Jom  .  jTor  fjenry  having  fent  out  his  Letters,  fays  Paris, 
to  call  the  Barons  together  to  a  Council,  to  be  held  on 
At  Oxford,  the  Feaft  of  St.  John,  in  the  Year  1233,  at  Oxford,  the 
Barons  abfolutely  refufed  to  obey  the  King'b  Command  j 
"by  reafon,  adds  our  Author,  that  they  feared  the  Treach- 
ery of  the  Foreigners,  who  then  fwarmed  at  Court ; 
and  becaufe  they  had  conceived  a  juft  Indignation  againfl 
the  King,  for  preferring  the  Polftevins  to  his  own  natu- 
ral Subjects.  This  Refufal  they  had  delivered  to  the 
King  in  a  very  folemn  Manner ;  who,  being  much  ex- 
afperated  at  the  Barons  for  this  Affront  offered  to  his 
Authority,  took  Advice  of  his  Lawyers  how  he  fhould 
compel  them  to  obey.  The  King  was  advifed  to  fummon 
them  a  fecond  and  a  third  Time,  to  try  whether  they 
would  appear  or  not.  But  one  of  the  Council  being  fo 
bold  as  to  tell  him  that  it  would  be  to  no  Purpofe,  nor 
would  the  Barons  ever  obey  his  Mandate,  or  he  enjoy 
any  Peace,  unlefs  he  would  remove  Pf/^r  Bifhop  of  Win- 
chejler^  and  Peter  de  Rivall  his  Nephew,  (or  his  Son, 
rather,  fays  Paris  with  a  Sneer)  from  his  Counfels,  the 

And  at  Weflmin-  King  fent  again  to  his  Barons,  to  fummon  them  to  meet 

/«•.  at  IVeflminjier  on  the  10th  of  July  following,  and  there, 

by  their  Advice,  he  promifed  to  amend  whatfoever  was 
amifs,  or  by  Right  ought  to  be  amended.  But  when  the 
Barons  had  heard  that  the  King  only  fought  to  enfnare 
them  ;  that  he  had  actually  got  over  from  abroad  a  Set 
of  Banditti,  or  Robbers,  with  Arms  and  Horfes  for 
that  Purpofe  ;  they  could  fee  no  Signs  of  Concord,  and 
again  refufed  to  come  to  him  ;  fending  fpecial  Meffen- 
gers  to  the  King  with  this  pofitive  Demand,  *  That  if 
he  did  not,  without  more  Delay,  difmils  Peter  Bifhop 
of  IVincbeJler^  with  the  reft  of  the  Poitfevins  from  his 
I!  31  3  Court,  they  would  never  obey  any  of  his  Summons,  but 
inftantly  drive  him  and  his  evil  Counfellors  out  of  the 
Kingdom,  and  ele&  a  new  King.' 

Henry  was  amazed,  and  his  whole  Court  much  ter- 
rified, at  the  Haughtinefs  of  this  extraordinary  Meflage; 
but  yet,  by  the  Advice  of  the  Bifhop,  he  fought  to 
repel  Force  by  Force,  feized  upon  feveral  Manors  be- 
longing to  the  Barons  neareft  him,  declaring  the  reft  of 

them 


^ENGLAND.  31 

them  Traitors,  and  that  he  would  give  their  Eftates  toKiflg/fcarj,  III. 
his  Foreigners. 

However,  the  Year  after,  1234,  the  King  was  better  Anno  Regni  18, 
advifed,  and  the  Bilhops  and  Barons  met  him  at  Weft- 
minfter,  in  order  to  fettle,  in  this  General  Council,  the 
National  Difturbances.  Edmund  Archbiftiop  of  Can- 
terbury^ with  the  reft  of  the  Prelates,  went  to  the  King 
and  his  Council,  and  told  him,  boldly  and  openly, 
«  That  if  he  would  not  confent  to  the  Conditions  the 
Lords  had  already  propofed  to  him,  and  agree  with  his 
faithful  Subjects,  that  he,  with  the  Biftiops,  would  im- 
mediately excommunicate  him  and  all  his  evil  Counfel- 
)ors.'  The  Thunder  of  the  Church  had  a  better  Ef- 
fedt  on  the  King  than  the  Barons  Threats,  and,  fays 
our  Author,  he  humbly  and  meekly  anfwered  the  Pre- 
lates, That  be  would  do  whatfoever  they  defired.  Ac- 
cordingly, in  a  very  few  Days,  he  fent  Peter  Bifhop  of 
Wincbejier  to  his  See,  there  to  take  Care  of  his  Flock, 
and  never  more  to  meddle  with  State  Affairs.  Peter  de 
Rivall  he  ftript  of  all  his  Caftles  and  Wealth  which  he 
had  unjuftly  acquired  j  affirming  with  an  Oath,  that  if 
he  did  not  inftantly  go,  into  Holy  Orders,  and  take  a 
Benefice,  he  would  order  both  his  Eyes  to  be  put  out. 
Moreover,  he  banifhed  all  the  Foreigners  from  his 
Court,  and  from  all  the  Caftles  they  were  poflefled  of, 
into  their  own  Country,  commanding  them  never  to 
fee  his  Face  again.  And  thus,  fays  Paris,  the  King, 
having  difmifled  all  his  evil  Counfellors,  recalled  to 
their  Obedience  his  natural  Subjects,  and  hoped,  by  the 
Advice  of  the  Prelates  aforefaid,  to  reftore  his  harrafled 
Kingdom  to  Peace  and  Tranquillity. 

Matters  continued  in  a  peaceable  State  after  this  but  Anno  Regm  z». 
a  few  Years.     In  the  Year  1236  another  fele<St  Council     At^rtcn 
of  the  Bimops  and  Peers  was  called  to  Merton,  where 
the  King's  Marriage  with  Eleanor,  fecond  Daughter  of      r  -2  1 
Raymond  Earl  of  Provence,  was  notified,  and  fome  fo- 
reign Affairs  tranfacled  of  no  Confequence  to  our  De- 
fign. 

We  called  this  a  fele&  Meeting  of  the  Peers,  becaufe, 
we  are  told,  that  it  was  only  compofed  of  the  Archbi- 
ihop  of  Canterbury,  the  Bimops  of  his  own  Province, 

and 


32  The  Parliamentary  HISTORY 

KlogHenrj  III.  and  the  major  Part  of  the  Earls  and  Barons c.  It  was 
here,  however,  that  the  Statutes  of  Merton  were  made 
and  enacted,  which  have  ever  fmce  been  a  Part  of  the 
Statute -Law  of  England  d. 

At  this  Meeting,  alfo,  a  MefTage  from  the  Emperor 
was.confidered,  wherein  he  requefted  the  King  to  fend 
him  his  Brother  Richard,  Earl  of  Cornwall,  to  make 
him  General  againft  the  French ,  whereby  the  Englijh 
alfo  might  recover  their  Rights.  But  the  Emperor  was 
defired  to  chufe  any  other  ;  the  Peers  giving  for  Rea- 
fons  to  the  AmbafTadors,  that  the  Prince  was  but  young, 
and  next  Heir  to  the  Crown  if  the  King  fhould  die 
without  Children  ;  and  therefore  it  was  not  proper  for 
them  to  hazard  his  Life  in  fuch  an  Enterprise. 
AnnoRegni  ai.  But  the  next  Year  following,  1237,  whilft  the  King 
1237-  and  his  whole  Court  kept  Chnjimas  at  Winchefter  e,  the 
Royal  Writs  were  fent  out,  fays  Paris,  to  every  Part  of 
the  Kingdom,  commanding  all  and  fingular  Archbi- 
fhops,  Bifhops,  Abbots,  inftalled  Priors,  Earls,  and  Ba- 
tr.  rons  f,  to  appear,  without  Delay,  rtWeftminfter,  on 
a  Day  appointed,  there  to  treat  on  the  urgent  Affairs 
of  the  Kingdom.  Accordingly,  an  infinite  Number 
of  the  Nobility,  adds  our  Authority,  from  all  Parts  of 
the  Nation  came  to  London,  imagining  fome  Matters 
of  very  great  Moment  were  in  Agitation.  In  Weft- 
minfter  Hall  they  met,  in  order  to  know  the  King's 
Pleafure,  when  a  certain  Prieft,  called  William  de  Keley 
33  ]  -a  Domeftic  Chaplain  of  the  King's,  a  Man  very  difcreet, 
and  learned  in  the  Laxvs  of  the  Land,  and  one  who  vfas 
a  Sort  of  Mediator  betwixt  the  King  and  Peers,  flood 
up,  and  delivered  the  King's  Will  and  Purpofe  in  this 
Manner:  *  Our  Lord  the  King,  fays  he,  commands  me 
4  to  acquaint  you,  that  he  will  entirely  fubmit  htmfelf  to 

*  your  Advice,  both  in  the  prefent  Affair  and  hereafter. 

*  Neverthelefs,  he  muft  inform  you,  that  the  People  he 
'  intruded  with  the  Management  of  his  Treafury  have 
4  given  in  falfe  Accounts  of  the  Receipts.     The  King, 

therefore, 

*  Ceram  Domipo  Rege  Henrico,  e!  carom  •vcncrablU  Patre  Edmund* 
Cantuarienii  Hrchiepifcopo,  Co-Epifcofis  fuis,  et  (cram  Mcj-ri  Porte  Comi- 
tam  et  Baronum  Noftrorum  Angliz.  Annul.  Burton,  f>.  287. 

«1   See  Hawkins's  Edition  of  the  Statutes  at  large,  vol.  I.  p.  18,  £fr. 

e  Scrifta  Regalia.     M.  Paris. 

f  Arcbiepifc'.pis,  Efifapii,  Abbatibui,  Prioribus  injiallatis,  Cmitibus, 
tt  Baronibus.  Ibid, 


of   E  N  G  L  A  N  D.  33 

therefore,  finding  himfclf  deftitute  of  Money,  without  King  Henry  m, 
which  a  King  is  a  Cypher,  craves  Help  of  you  to  fup- 
ply  him.    In  this  Manner,  however,  that  what  Money 
you  plcafe  to  collecl:  may  be  made  Ufe  of  for  the  King- 
dom's Service,  in  a  Way  that  fome  of  you,  chofen  for 
that  Purpofe,  may  think  proper.'    Not  one  of  this  Af- 
fembly  expecting  fuch  a  Meflage,  it  was  received  with 
great  Difcontent.     Alter  in   alterius  jaflantes  Lumina 
Vultus,  quoth  the  Monk  out  of  the  old  Poet,  and  faid  to 
each  other,  Fuderunt  Partum  Monies,  en  ridiculus  Mus  g. 
The  Lords  anfwered,  with  great  Indignation,  '  That  he 
'  had  promifed  and  broken  his  \Vord  many  and  many  a 

*  Time  with  them  ;  afferting,  that  it  was  derogatory  to 
4  their  Honour  to  fuffer  a  King  fo  eafily  feduced,  who 
'  never  either  repulfed  any,  or  the  meaneft  of  the  Na- 
'  tion's  Enemies,  or  even  alarmed  them  ;  who  was  fo  far 
'  from  enlarging  the  Bounds  of  his  Kingdom,  that  he 
'  rather  ftraiten'd  and  fubje£ted  it  to  Foreigners,  to  ex- 
'  tort  from  them,  by  the  fame  Arguments,  at  fo  many 

*  different  Times,  fo  much  Money,  to  the  great  Detri- 

*  ment  of  his  own  Subjects,  and  the  Benefit  of  Strangers/ 
The  King,  finding  his  Nobles  in  this  Temper,  fought  to 
foften  them,  left  the  Difcontent  mould  prove  more  ge- 
neral, by  promifing,  upon  his  Oath,  *  Never  more  to 
'  injure  or  moleft  them,  provide^  they  would  kindly  grant 

*  him,  for  his  prefent  Ufe,    the  thirtieth  Part  of  all 

*  Moveables  throughout  the  Realm.     He  faid  that  he 
c  had  fent  a  great  deal  of  Money  to  the  Emperor,  the 

'  mod  of  it  out  of  his  own  Treafury,  for  the  Marriage       r        -. 
'  of  his  Sifter.'    To  this  it  was  loudly  anfwered,  «  That      L  34  •» 

*  he  did  all  thofe  Things  without  the  Advice  or  Confent 
'  of  his  Subjects ;  nor  was  it  neceflary  that  they  (hould 
'  partake  of  the  Punifliment,  who  were  no  ways  guilty 
«  of  the  Crime.'    The  Lords,  after  this,  withdrew  them- 
felves  into  a  private  Place,  that  they  might  be  more  at 
Liberty  to  confult  together  on  the  Exigency  of  this  Af- 
fair and  the  King's  Demand  :  But,  before  they  went  out, 
Gilbert  Bajjet^  a  Baron,  not  careful  enough  of  his  Words, 
adds  our  Author,  faid  openly  to  the  King,  4  My  Lord 
4  the  King,  fend  fome  of  your  own  Friends  to  go  along 

*  with  the  Barons  to  their  Consultation.'    He  fat,  whiift 
he  faid  this,  very  near  the  King.     On  the  other  Hand, 

VOL.  I.  C  Richard 

t  This  is  a  patcfc'U  up  Verfe  of  the  Monk's,  from  Parturiunt  Mntet,  &c. 


34  Tfo  Parliamentary  HISTORY 

King  Hetty  III.  Richard  de  Percys  much  moved  with  this  Saying,  ftdod 
up  and  anfwered  him,  *  What  is  it,  Friend  Gilbert, 
'  that  you  fay  ?  Do  you  take  us  for  Foreigners,  and  not 
*  the  King's  Friends  ?'  Baffet  was  reproved  for  his  rafh 
and  indifcreet  Advice  :  Neverthelefs,  by  thefe  Debates, 
this  Meeting  was  prolonged  four  Days. 

The  King  con-  At  length  the  King  again  confirmed  to  all  his  Sub- 
firms  Magna  jedls  their  Magna  Charta,  and  fwore  to  keep  it  invio- 
hf'hld'ca'ncdlhedlable;  and  becaufe'  %s  Matthew  Paris,  he  did  not 
upon  his  coming  tnmk  himfelf  quite  free  from  a  Sentence  of  Excommu- 
t)f  Age,  nication,  which  Stephen  Langton,  then  Archbifhop  of 

Canterbury,  with  the  reft  of  the  Bifhops,  had  denounced 
againft  all  Violators  of  that  Charter  when  it  was  made; 
he  therefore  declared,  *  That  if  he  went  about  to  break 
this  Promife,  by  any  new  mifchievous  Defign,  he  mould 
think  himfelf  under  the  full  Weight  of  the  Church's 
Sentence.'  By  this  Declaration,  adds  he,  the  Hearts 
of  the  whole  Audience  were  in  a  Moment  changed  to 
the  King's  Side ;  and  having  appointed  the  Earl  of 
Warren,  ^illia?n  Ferrers,  and  John  Fitz-Geoffry,  to  be 
of  Council  to  him,  he  made  them  fwear,  '  That  by  no 
Gifts  or  Reward  they  would  be  drawn  from  the  Truth  ; 
but  that  they  fhoulcl  at  all  Times  give  him  fuch  whol- 
fome  Counfel  as  was  only  conducive  to  the  Good  of 
himfelf  and  Kingdom.'  After  which  the  King's  Demand 
was  granted,  and  the  thirtieth  Part  of  all  Moveables  was 
t  35  3  levied  thro'  the  Realm.  The  Manner  how  this  Tax  was 
gathered,  by  Officers  appointed  for  that  Purpofe,  may 
be  feen  at  large  in  M.  Paris ,  to  which,  for  Brevity  Sake, 
\ve  muft  refer. 

There  are  ftill  extant,  amongft  our  Records  h,  fome 
Copies  of  Writs  for  calling  this  Parliament,  by  which 
it  evidently  appears  that  Boroughs  had  noReprefentatives 
therein  :  And  they  fuificiently  explain  what  our  Hifto- 
rian  has  advanced,  and  fpecify,  at  the  fame  Time,  the 
Quality  of  the  particular  Members  which  conftituted 
this  Parliament. 

It  was  the  Cuftom  of  this  King,  when  he  wanted 
Money,  to  defcend  to  very  low  and  pitiful  Ways  to 
obtain  it;  and  when  he  had  got  his  Wants  fupplied,  to 
fquander  the  Money  away  arnongft  his  Favourites  with 
great  Profufenefs.  It  muft  be  obferved  though,  by  the 

Way, 
J>  In  Bundcll,  Mifccl,  Temp,  Hen,  III,  &t*  Turn  Lind, 


of   E  N  G  L  A  N  D.  35 

Way,  that  thefe  Demands  of  Money  from  the  Nobility,  KinS  tony  HI. 

on  the  Part  of  the  Crown,  were  the  Ground-work  of 

one  principal  Point  of  our  Liberties,  '  That  the  Crown 

cannot  levy  a  Tax  on  the  Subject  without  the  Cortfent 

of  Parliament.'     All  Taxes,  fuch  as  Scutages,  Knights 

Fees,  &c.  having  been  raifed  before  this  Reign  in  an 

arbitrary  Manner. 

The  I4th  of  September  in  this  Year  was  appointed  AnnoRegnial* 
by  the  King  and  the  Pope's  Legate,  Ottobonit  for  a  J2r37' 
Meeting  of  the  Peers  at  York,  to  treat  upon  fome  great  At  Torfa 
Affairs  that  concerned  the  Kingdom.  The  King  of 
Scots  met  them  there,  to  make  an  End  of  the  Difference 
depending  between  Henry  and  him.  After  much  Con- 
fultation  and  Debate,  it  was  agreed  that  the  King  of 
Scots  fhould  have  three  hundred  Pound  Lands  by  the 
Year  in  England^  for  which  he  fhould  do  Homage  to 
King  Henry^  but  fliould  not  build  any  Caftles  upon  it, 
and  was  to  quit  all  Pretences  to  any  farther  Claim.  We 
cannot  omit  a  remarkable  Anfwer  the  Scots  King  made 
the  Legate  at  this  Meeting,  though  it  has  been  often 
copied  by  other  Hiftorians.  It  feems  the  Legate  told 
the  King  of  Scots^  <  That  he  intended  to  vifit  his  King- 
'  dom,  to  treat  upon  Ecclefiaftical  Affairs  there  as  he 
c  did  in  England?  Alexander  replied,  *  That  he  never 

*  remembered  a  Legate  called  into  his  Kingdorn,  and 

*  he  thanked  God  there  was  no  Need  of  any  now ;  for 
'  neither  his  Father  nor  any  of  his  Anceftors  had  fuffer- 
'  ed  any  to  enter,  and  as  long  as  he  was  in  his  Senfes 

*  he  fhould  alfo  hinder  it.     Neverthelefs,  adds  he,  be- 
'  caufe  you  have  the  Character  of  a  very  holy  Man,  I 

*  will  give  you  this  Advice,  if  ever  you  enter  my  King- 

*  dom,  that  you  do  it  very  cautioufiy,  left  any  Misfor- 

'  tune  happen  to  you.     A  great  many  fierce  and  favage      [  36  J 
«  Men  inhabit  there,  that  thirft  after  human  Blood, 

*  which  I  myfelf  cannot  tame,  and  if  they  fet  once  up- 

*  on  you,  I  cannot  prevent  them  from  doing  you  a 
'  Mifchief.     It  is   not  long  fince,  as  you  may  have 
'  heard,  that  they  invaded  me  and  had  like  to  have 
'  drove  me  from  my  native  Kingdom.'     The  Legate 
hearing  this,  fays  Paris,  laid  afide  his  covetous  Defire 
of  entering  Scotland,  and  ftuck  the  clofer  to  the  Englifo 
King,  whom  he  found  more  obfeqilious. 

C  2  Htnry 


36  tfhe  Parliamentary  HISTORY 

King  Henry  in.     Henry  having  quickly  got  rid  of  his  laft  Supply,  was 

Anno  Regni  zi  obliged  to  u^e  tne  fame  Means  to  gain  another.     In  the 

1x37.        very  fame  Year,  another  Aflembly  of  the  Peers  was 

called  to  meet  at  Wejlnrinfter^  where  the  King  laid  be- 

AtmjMn/kr.  fore  them  hig  Grievances,  aflerting,  by  Oath,  That  his 

Money  was  all  gone,  and  that  he  was  fcarcely  worth  a 

Groat,  and  therefore  demanded  the  fame  Supply  as  the 

former.     After  fome  Difputes  and  much  Murmuring, 

this  Demand  alfo,  being  the  thirtieth  Part  of  all  Move- 

ables,  was  granted.     Which  Money,  fays  Paris,  was 

laid  out  in  the  fame  trifling  Way  as  the  former  ;  and, 

inftead  of  taking  the  Advice  of  his  Nobles  in  the  Diftri- 

bution  of  it,  he  again  fquandered  it  away  amongft  his 

Foreigners. 

Thefe  Weaknefles  of  the  King  put  his  Nobles  on 
1  fome  other  Means  of  Redrefs ;  and  finding  his  Extor- 
tions to  have  no  End,  they  were  refolved  to  bring  him 
to  better  Terms  by  Force.  Richard  Earl  of  Cornwall, 
the  King's  Brother,  fcandalized  at  his  Proceedings,  was 
the  firft  in  this  League  againft  him.  After  fome  Strug- 
gles, Henry  was  compelled  to  fubmit  to  fuch  Terms  as 
the  Barons  required,  and  Matters  remained  in  a  peace- 
able State  betwixt  them  for  fome  Years  '. 

Anno  Regni  a6.  We  meet  with  no  other  Convention  of  the  Eftates 
«4*-  till  the  Year  1 242;  when,  by  the  King's  Writ,  they 
were  all,  as  before,  fummoned  to  appear  at  London  k, 
At  London.  on  Wednefday  before  Candlemas-Day.  The  old  Animo- 
fities  were  here  raifed  again ;  the  Barons  engaged  one 
another,  by  Oath,  not  to  confent  to  give  any  Money  at 
all  j  and  when  the  King  demanded  it,  they  anfwerfed 
£  27  ]  him  with  great  Bitternefs,  *  That  fuch  were  his  Coun- 
cils, and  fuch  his  infolent  Manner  of  afking,  that  they 
would  not  do  it :  That  he  had  fleeced  and  impoveriftied 
his  Subjects  fo  very  often,  drawing  his  Exactions  into 
Confequences,  as  if  they  were  the  meaneft  Slaves ;  and 
all  this  Money,  which  he  extorted,  had  been  wafted 
fcandaloufly;  therefore  they  flatly  told  the  King  to  his 
Face,  That  they  would  not  be  fo  robbed  and  plundered 
any  more.'  The  King,  fays  Paris,  well  verfed  in  Italian 

Tricks 

'  In  RymeSs  Feed,  Tom.  I.  p.  385,  is  fome  Account  of  a  Convention 
cf  Eftates  in  1240. 

k  Tor/at  Anglix  Nobllitat,  tarn  Prelatorum  quam  Comitum  ac  Baronuvij 
ftiundtim  Regiun:  Prt'tptutr.,  Lomlini  cvnyegata  eft,  M.  Paris. 


^/ENGLAND.  37 

Tricks  and  Illufions1,   commanded   them  that  they  KInS  ***?  m« 

fhould  wait  to  know  his  Pleafure,  on  the  Morrow,  on 

this  and  other  Matters.     But  in  the  mean  Time,  adds, 

that  he  drew  them  one  by  one  into  his  Clofet  fecretly,  The  King  clofets 

in  the  Manner  that  Penitents  go  to  Confeilion  to  their  the  Barons  oae 

Prieft,  and  there,  what  he  could  not  do  with  them  all  by  one,  to  prevail 

„   •'  •''»•«  i  i  on  them  to  grant 

together,  he  ftrove  to  gam  by  fair  Speeches  to  them  a  Supply, 
fmgly  :  Promifing,  amongft  the  Clergy,  this  Man  an 
Abbey,  another  a  Priory,  and  fo  on,  till  he  found  he 
could  make  nothing  at  all  of  them  ;  for  not  one  of  them 
would  recede  from  the  common  Anfwer  which  they  had 
Avorn  to  flick  to.  Henry,  growing  angry  at  their  Ob- 
ftinacy,  faid,  What,  would  you  have  me  perjured?  I 
have  fworn  by  the  blejfed  Sacrament  to  carry  my  Arms 
againjl  the  King  of  France,  in  order  to  reclaim  my  jujl 
Rights,  and  without  you  grant  me  an  ample  Supply  I 
am  not  able  to  perform  it.  Yet,  neither  by  thefe  or  any 
other  Words  could  he  gain  upon  them,  notwithftand- 
ing  the  politic  Method  he  took  to  bring  them  over  to 
his  Jntereft. 

He  then  thought  proper  to  call  before  him  thofe  of 
the  Barons  that  were  his  own  Officers  at  Court,  and 
fpoke  to  them  in  this  Manner :  What  a  pernicious  Ex- 
ample have  you  fet  to  others  f*  ICou  who  are  Earls,  and 
Barons,  and  mighty  Men  at  Arms,  ought  you,  tho'  others 
are  intimidated,  to  tremble  like  a  Set  of  Bifnops  and 
Priejis  ?  Tou  ought  to  be  mere  eager  to  defend  the  Rights 
of  the  Crown,  and,  by  Deeds  of  Arms,  oppofe  yourfelves 
againft  all  its  Enemies.  I  called  this  AJfembly  tojlrengthen 
and  defend  my  Rights,  with  a  fure  Expectancy,  that  they 
would  fuffer  my  Affairs  to  go  on  profperoujly,  after  the 
Example  of  Wales,  where  of  late  we  fo  happily  tri-  *  ~  * 
umphed.  And  with  what  Face  can  you  leave  me  your 
Sovereign  Lord,  with  the  heavy  Burthen  of  State  upon 
me,  fo  poor  and  defolate  ;  especially  when  you  know  my 
Promife  (0  go  abroad,  end  that  I  have  fworn  Jlriftly  to 
perform  it?  When  the  Purport  of  this  Speech  was  made 
known  to  the  whole  AfTembly,  they  returned  the  King 
this  Anfwer  :  *  Your  Majefty  gives  us  great  Occafion 

*  to  wonder  into  what  Gulph  you  have  thrown  that 

*  vaft  Quantity  of  Money,  which,  by  various  and  cruel 
4  Extortions,  you  have  raifed,  as  well  from  Churches 

C  3  <  kept 

I  Romanorum  vfu:  vetfutis  Falladit*    M,  Paris, 


3  8  The  Parliamentary  HISTORY 

King  firm?  III.  <  kept  vacant,  as   from  the  Lands  of  the  Nobility; 

*  creating  Horror  in  the  Minds  of  the  Hearers.     Be- 

*  fides,  you  have  called  over  certain  Legates,  or  thofe 
e  that  did  the  Office  of  Legates,  into  this  Kingdom, 
«  that,  like  Gleaners  after  the  Vintage,  have  plucked 

*  from  us  all  the  Money  we  had  left.     It  is  therefore 
'  lefs  to  be  wondered  at,  that  without  the  Confent,  or 

*  even  Advice,  of  the  Nobility  of  England,  you  have 
«  involved  yourfelf  in  fuch  difficult  and  dangerous  Ne- 

*  gotiations  ;  flaking  your  Faith  to  thofe  that  have  none; 
c  and,  defpifmg  the  Favour  or  Efteem  of  your  own 

*  Subjects,  you  have  brought  yourfelf  into  a  very  doubt- 
'  ful  State  of  Fortune.     The  League  that  was  made 

*  betwixt  the  King  of  France  and  you,  and  which  you 

*  fwore  from  your  Soul  to  keep  inviolably  to  the  End, 
'  being  tranfacted  alfo  by   your  moft  Noble  Brother 
'  Earl  Richard  and  Earl  Roger  Bygot  on  your  Part,  you 
«  have  moft  difhoneftly  and  fcandaloufly  broke.' 

Thefe,  with  fome  other  Matters,  being  urged  home 
to  the  King,  he  fell  into  a  very  great  Rage,  and  fwore 
bitterly,  'That  be  would  not  be  binder  ed  of  his  Defign  by 
any  Thing  they  could  fay  or  do  j  but  that  he  intended  to 
begin  the  War  in  France,  in  a  very  Jhort  Space  of  Time, 
let  the  Confequence  be  wh'at  it  would.  And  thus,  fays 
our  Authority,  this  Council  was  diflblv'd  with  very  great 
Heart-burnings  on  both  Sides.  However,  left  this  An- 
fwer  of  the  Barons  to  the  King  fliould  be  forgot,  or 
mifconftrued,  it  was  thought  proper  to  reduce  it  into 
_  Writing;  which,  being  in  the  Nature  of  a  PROTEST, 
•-  39  J  is  the  firft  of  that  Kind  we  meet  with  in  Hiftory  ;  we 
lhall  therefore  give  it  at  Length  as  follows  : 


The  PROTEST  '  O^NCE,  by  the  King's  Command,  the  Lord  Arch- 
of  the  Bifhops,  *  j^  bifliop  of  York,  the  reft  of  the  Bifhops,  Abbots, 
Abbots,  Priors,  <  and  Priors  in  England,  by  themfelves  or  Proxies,  alfo 

font  agabftBtLC  a11  the  Earls'  2nd  moft  of  the  Barons  of  England,  have 

King's  Demand  '  nict  at  Weftminfter,  on  the  Wednefddy  before  the  Pu- 

for  Money.        t  rificatiOn  of  the  Bleffed  Mary,  in  the  Year  of  our 

'  Lord  One  Thoufand  Two  Hundred  and  Forty-two, 

'  and  in  the  Twenty-  fixth  of  the  Reign  of  Henry  III.  to 

«  hear  the  Will  and  Pleafure  of  the  King,  for  which  he 

*  fummoned  them  :    And  the  faid  Lord  the  King  fend- 

5  ing  unto  them  the  faid  Archbifhop,  with  the  Noble 

*  Loid 


of   E  N  G  L  A  N  D.  39 

«  Lord  Earl  Richard,  and  Matter  Walter  of  York,  Pro-  King  Henry  III, 
'  volt  of  Beverley^  as  his  folemn  Meflengers,  to  notify 

*  to  them  the  King's  Mind  and  Bufinefs,  and  to  afk  the 
'  Advice  and  Afiiitance  of  the  Lords  in  fuftaining  his 

*  Hereditary  Dominions  beyond  the  Sea,  that  regard 
'  his  Kingdom  of  England :  Therefore   the  faid  Bi- 
'  (hops,  Abbots,  Priors,  Earls,  and  Barons,  taking  the 
'  King's  Meflage  into  their  ferious  Confederation,  re- 
£  turned  the  King,  by  the  fame  Lords,  this  Advice, 
'  viz.  That  the  King  fliould  wait  untill  the  Truce  be- 

*  twixt  him  and  the  French  King  was  expired  ;  and  if 
'  the  faid  King  of  France  fliould  chance  to  enterprize 
6  any  Thing  againft  the  Form  and  Tenor  of  the  faid 

*  Truce,  that  then  the  faid  King  of  England  fliould 
'  fend  unto  him  folemn  MefTengers  to  afk  Advice,  and 

*  to  put  the  faid  French  King  upon  holding  the  faid 
'  Truce,  and  forbearing  thofe  Enterprizes,  if  they  were 
'  made  by  him  or  by  his  Subjects.     That  if  the  faid 

*  French  King  refufed  to  do  this,  that  then  they  freely, 
'  to  this  Advice,  would  lend  all  their  Aid  and  Affiftance, 
6  which  they  all  unanimouily  confented  to.     Lilcewife, 
'  that  fince  he  had  been  their  Sovereign  Lord,  they  had 
'  many  Times  granted  him  Supplies;  firft,  the  thirtieth 
'  Part  of  all  Aloveables,  after  that  the  fiftieth,  and  then 
'  the  fixtieth  ;  a  fortieth  Part  on  all  Carucats  and  Hides 
'  of  Land  ;  many  Scutages,  and  one  very  great  Scutage 

*  for  the  Marriage  of  his  Sifter  to  the  Emperor.     After      T  40  1 
'  all  this,  truly  four  Years  were  fcarce  elapfed,  but  he 

'  again  fought  another  Aid,  and  at  laft,  after  much 
'  Intreaty,  a  thirtieth  was  alfo  granted  him  ;  with  this 
c  Condition,  however,  which  he  ratified  by  Charter, 
'  That  neither  this  nor  any  former  Exactions  fhould 

*  ftand  as  Precedents  for  others.    Befides  this,  the  King 
'  then  granted  to  them,  that  all  Liberties  contained  in 

*  Magna  Charta  fliould,  in  a  more  ample  Manner,  be 
'  held  thro'  his  Kingdom;  and  to  that  End  gave  them  a 

*  fmaller  Charter  in  which  it  is  fo  included.     Add  to 
«  this,  that  our  faid  Lord  the  King,  of  his  own  free  Will, 
'  and  by  the  Advice  of  his  whole  Aflembly  of  Barons  m, 

'  granted 

m  The  Word  that  M.  Pans  makes  ufc  of  here,  and  in  fome  other  Places, 
is  Barnag  itim,  Concilia  tod  us  BARXARII   sui  5  the  Editor  thereof,  Dr. 
fays  in  his  GhJJory,  on  this  Word,  That  it  is  foretime*  wrot'-. 
which,  lays  he,  every  one  knows  to  mean  ftritf  iy  the  Houfe 

of 


40  The  Parliamentary  HISTORY 

King  Hairy  in.  <  granted  to  them,  that  all  the  Money  rifing  from  this 

*  thirtieth  Part  ftiould  be  laid  up  fafely  in  the  King's 
'  Caftles,  under  the  Guardianship  of  four  Englifo^Nob\c- 

*  men,  the  Earl  Warren  and  others,  by  whofe  Direction 
'  and  Advice  the  faid  Money  fhould  be  difburfed  for  the 
«  Service  of  the  King  and  Kingdom  whenever  it  was 

*  neceffary.     And  becaufe  the  Barons  never  knew  nor 

*  heard  that  the  faid  Money  was  expended  by  the  Advice 

*  and  Confent  of  the  aforefaid  Lords,  they  do  verily  be- 

*  lieve  that  the  King  is  (till  poflefled  of  that  Money, 

*  and  therefore  cannot  now  have  Occafion  for  more. 

*  They  are  likewifewell  acquainted  that,fmce  that  Time, 

*  he  has  had  fo  many  Efcheats,  as  that  of  the  Archbi- 

*  {hoprick  of  Canterbury,  and  other  rich  Bifhopricks  of 

*  England,  as  well  as  of  the  Lands  of  the  deceafed  Earls, 
'  Barons,  and  Knights,  who  held  of  him  ;  that,  even  by 
'  thefe  very  Efcheats,  he  ought  to  have  a  large  Sum  of 
'  Money  by  him,  if  it  was  properly  taken  Care  of.  Be- 
'  fides,  from  the  Time  of  giving  that  thirtieth  Part,  his 
4  itinerant  JufHces  have  not  ceafed  to  make  their  Cir- 

*  cuits  through  all  Parts  of  England,  as  well  as  with 
r  jj  I       '  Pleas  of  Foreft,  and  with  all  other  Pleas,  fo  that  every 

'  County,  Hundred,  City,  Town,  and  almoft  every 
'  Village  in  England,  has  been  grievoufly  amerced  ;  and 

*  by  thefe  Circuits  alone  great  Sums  of  Money  have 

*  been  collected  for  the  King's  Ufe.     From  all  which 
'  they  can  well  aver,  that  the  Kingdom  is  fo  burdened 

*  and  impoverished,  that  they  have  little  or  nothing  left 
?  for  themfelves.   And  becaufe  that  our  Lord  the  King, 

*  after  the  Grant  of  the  laft  thirtieth  Part,  never  kept 

*  to  his  Charter,  therefore  it  more  than  ufually  troubled 
'  them  ;    and  fince,  by  another  Charter,    he  granted 

*  that  thefe  Exactions  fnould  not  be  made  Precedents, 
'  therefore  they   pofuively  made  Anfwer  to  their  faid 
'  Lord  the  King,  that  they  would  not,  for  the  prefent, 

*  grant  him  any  Aid.     Neverthelefs,  as  they  acknow- 
'  ledgcd  him  to  be  their  Sovereign  Lord,  they  fhould 
'  be  willing  to  give  him  the  beft  Advice  in  their  Power, 

4  if 

of  Lords,  or  Upocr  Houfe  of  Parliament.  Whether  they  are  Dukes,  Mar- 
quifles,  Earls,  Vifcounts,  Barons  ;  or,  alfo,  Biihops,  and  anciently  Abbots 
and  Priors  who  held  their  Baronies  of  the  King.  This  feems  a  pretty 
ftronc  Evidence,  that  the  Commons  of  England  had  no  Share  ia  thcf; 
AfTemblies  at  that  Time, 


of   E  N  G  L  A  N  D.  41 

<  if  he  would  carry  himfelf  well  towards  them  to  the  End  King  Vtnry  HI, 

*  of  the  faicl  Truces.' 

When  the  Lords,  appointed  for  that  Purpofe,  had 
waited  upon  the  King  with  this  Answer  to  his  Demand, 
they  returned  to  the  Ailembly,  and  told  them,  '  That 
'  the  King  defired  to  know  of  them,  what  they  propofe 

<  to  do  if  the  French  King  fliould  break  the  Truce  before 
«  the  Expiration  of  it?  They  promifed  alfo,  on  the  King's 
'  Part,  that  if  he  had  injured  any  particular  Baron,  that 

*  he  would  make  Reparation,  as  the  Lord  Peter  of  Sa- 

*  vay,  and  others  of  his  Council,  fhould  think  fit  to  ad- 

*  vile.'  To  this  the  Lords  reply'd,  c  That  if  the  King  of 
'  France  fhould  break  the  Truce,  and  would  not  forbear 

*  his  Enterprizes,  then  their  Counfel  was  the  fame  they 
'  had  given  to  be  done  at  the  End  of  the  Truce,  provided 
«  they  were  fatisfied  of  the  Truth  of  thefe  Facls.    As  to 
'  that  which  related  to  particular  Injuries  received  from. 
'  the  King,  they  would  not,  at  that  Time,  enter  into 
'  Pleadings  with  him  about  them.  That,  on  the  Grant 
«  of  the  laft  Thirtieth,  the  fame  Thing  was  promifed  on 

*  the  King's  Part,  as  well  and  faithfully,  by  William  de 
c  Kele  ;  and  how  well  the  King  had  kept  his  Promifes, 
«  he  himfelf  beft  knew.' 

We  (hall  not  flop  to  make  any  Obfervations  on  thefe  [  42  ] 
fevere  Remonftrances  of  the  Barons  to  their  Sovereign  ; 
let  each  Man  pafs  his  own  Cenfure.  It  muft  be  owned, 
however,  that  they  treated  their  King  very  cavalierly  in 
thofe  Days  ;  and  the  Hiftorian  we  quote  from  does  not 
at  all  mince  the  Matter  in  the  Recital  n. 

In 

»  Matthew  Parity  a  Monk  of  St.  Albai?),  was  Hiftoriographer  to  Henry 
the  Third,  and  received  an  annual  Stipend  from  him  j  he  died  in  the  Year 
1259,  the  43d  of  that  King;  his  Hiftory  was  continued  to  the  End  of  that 
Reign  by  one  William  Rijhangcr,  who  was  alfo  a  Monk  of  that  Abby,  the 
King's  Hiftoriographer,  and  received  Matthew's  Stipend.  It  muft  be  owned 
that  thefe  Monks  have  done  great  Juftice  to  the  Hiftory  of  their  own  Times, 
and  have  neither  fpared  King  nor  Pope  in  the  Courfe  of  it  j  a  Virtue  rarely 
found  in  the  Hiftoriographers  of  thefe  Days,  whether  Royal  or  Ecclefiafti- 
cal. 

But  Dr.  Brady  obferves,  That  the  old  Monk  is  here  guilty  of  a  great 
Piece  of  Jnconfiftency  in  his  Account  of  this  Meeting.  He  firft  mentions 
much  ill  and  harft  Language  which  was  giyen  the  King,  by  the  Great  Men, 
Face  to  Face  ;  and  in  the  Relation  that  immediately  follows  this,  which 
Parn  fays  was  written  as  a  perpetual  Memorial  of  the  Barons'  Anfwer  to 
the  King,  it  appears  that  they  never  fpoke  or  had  Conference  with  the  King, 
but  heard  his  Pleafure,  and  the  Rufmefs  he  had  with  them,  from  his  Com* 
taifiioners  there  named.  Brai?y'.s  Cwftca:  lliftsry,  p.  5X3, 


^.2  The  Parliamentary  HISTORY 

King  Henry  HI.     Jn  the  Year  1244,  this  King  fummoned  another  Af- 
Anno  Regni  28.  feebly  of  the  Great  Men  to  meet  at  Weftminfler ;  and 
1244.      'fitting  in  State  amcngft  them,  in  the  Refectory  of  the 
At  Weflminfter.  Abbey,  there,  fays  Paris,,  f  With  his  own  Mouth  afked 
'  a  pecuniary  Aid  from  them.'     The  King's  private  In- 
tention was  to  reduce  the  King  of  Scots  j  but  he  openly 
pretended  that  having,  by  their  Advice,  pafled  into  Gaf- 
coigny  the  Year  before,  by  that  Undertaking  he  had  con- 
tracted great  Debts,  from  which  he  defired  them  to  re- 
lieve him.     The  Barons  anfwered,  '  That  they  would 
*  confult  about  his  Propofal.' 

The  Archbiftiops,  Bifhops,  Abbots,  and  Priors,  with- 
drew by  themfelves  to  treat  of  this  Affair ;  and  then  they 
afked  the  Earls  and  Barons  to  confent  to  what  they  had 
refolved  upon  ;  who  anfwered,  That  they  could  do  no- 
thing without  the  whole  Community.  It  was  then  agreed 
to  by  all,  that  from  the  Clergy  fhoulcl  be  chofen  this  Com- 
mittee, the  Archbifhop  Ele6t,  Boniface,  of  Canterbury  5 
the  Bifhops  ofWinchejler,  William  Ralegh  ;  Lincoln,  Ro- 
bert Grojlhead  ;  and  Worcejler^  Walter  de  Cantilupe  : 
On  the  Part  of  the  Earls,  were  Earl  Richard,  the  King's 
Brother,  Earl  By  got,  the  Earl  of  Leicejler,  Simon  Mont- 
l  43  ]  fort,  and  the  Earl  Marefchal :  Of  the  Barons  Part, 
Richard  de  Mont  fitch  et,  John  de  Baliol,  with  the  Abbots 
of-Ramfey  and  Bury.  What  thefe  twelve  fhould  do  was 
to  be  communicated  to  the  whole,  that  nothing  might 
be  offered  to  the  King  which  had  not  the  common  Af- 
fent. 

Now,  becaufe  the  Charter  of  Liberties,  which  the 
King  granted  fome  Time  ago,  and  for  which  Ed- 
mund, the  Archbifhop  of  Canterbury,  on  Behalf  of  the 
King,  had  fworn  to  obferve,  was  in  no  wife  kept ;  and 
becaufe  the  Aids  that  had  fo  often  been  given  before 
were  not  ufed  to  the  Advantage  of  the  King  and  King- 
dom ;  and,  likewife,  by  Default  of  the  Chancellor, 
Writs  were  granted  and  iffued,  contrary  to  Juftice  ; 
therefore  it  was  defired,  c  That  fuch  a  Chancellor  and 
c  fuch  a  Juftice  might  be  chofen,  as  would  fix  the  State 

*  of  the  Kingdom  on  its  old  Bafis/     The  King,  left 
he  fhould  feem  to  do  any  Thing  new  by  Compulfion, 
would  not  grant  the  Petition  of  the  Nobles;  but  promifed, 

*  That  he  would  amend  what  he  had  heard  was  amifs.' 
Upon  this  the  Aflembly  was  adjouroed  for  three  Weeks  j' 

and, 


of    E  N  G  L  A  N  D.  43 

and  if  in  the  mean  Time  the  King  ftiould,  of  his  own  King  Henrj  ill* 

Accord,  chufe   fuch  Counfellors   that   would  manage 

the  Laws  and  Rights  of  the  Kingdom  to  the  Satisfa&ion 

of  the  Nobles,  then  they  defigned  to  give  him  an  Aid  ; 

yet  fo,  that  it  fhould  be  expended  to  the  Advantage  of 

the  Kingdom,  by  the  Advice  of  the  Committee  of  Twelve 

before-  mentioned. 

When  the  King  faw  that  he  could  do  nothing  with 
them  all  together,  he  tried  the  Clergy  apart  again  j  and 
having  got  the  Pope's  Letter  to  them,  in  which  he  re- 
quired, admonifhed,  and  exhorted  them  to  give  the  King 
a  liberal  Donation  of  Money ;  their  Anfwer  was,  «  That 
c  they  were  engaged,  and  could  do  nothing  without  the 
e  common  Confent  of  the  Eftates  concerned  with  them.' 
An  Anfwer  very  memorable,  and  which  has  been  rarely 
imitated  by  the  Clergy  in  fucceeding  Ages  ! 

This  Great  Council  had  contrived  a  new  Kind  of  Go- 
vernment, which  they  intended  to  have  offered  to,  and 
put  upon,  the  King ;  which  was,  that  four  of  the  moft 
potent  and  difcreet  Men  of  the  Kingdom  fhould  be  cho-  C  44  3 
ien  by  common  AfTent,  and  fworn  of  the  King's  Coun- 
cil, who  fhould  tranfact  all  Affairs  of  the  King  and 
Kingdom,  and  (hould  do  Juftice  to  all  without  Refpec~l 
of  Perfons  Thefe  Men  were  to  follow  the  King,  and. 
two  of  them,  at  leaft,  were  always  to  be  prefent  with 
him,  that  they  might  hear  the  Complaints  of  all  Suffer- 
ers, and  relieve  them.  The  King's  Treafury  was  to 
be  managed  by  them,  and  all  Aids  were  to  be  laid  out 
as  they  thought  neceflary  for  the  common  Good.  They 
were  to  be  Confervators  of  the  Liberties  ;  and  as  they 
were  chofen  by  common  Aflent,  fo  they  were  not  to  be 
removed  out  of  their  Office  but  by  the  fame  common  Af- 
fent ;  and  when  one  died,  another  was  to  be  chofen  by 
the  three  Survivors.  Without  their  Confent  the  Great 
Council  was  not  to  meet ;  but  if  they  {hould  think  it 
convenient  or  neceflary,  it  was  to  be  convened  at  their 
Pleafure. 

This  Project  did  not  take  Effect,  becaufe  the  Counfels 
of  the  Clergy  were  diftra&ed  by  the  Pope's  Legate, 
Martin,  who  came  accidentally  at  that  Time  with  Let- 
ters to  require  a  great  Sum  of  Money  of  them,  in  order 
to  pay  the  Debt  which  had  been  contracted  by  his  Pre- 
deceflbr.  Pope  Gregory^  in  the  War  for  the  Catholic 

Faith, 


44  The  Parliamentary  HISTORY 

King  Hwy  ni-  Faith,  Eccleflaftical  Liberties,  and  the  Patrimony  of 
the  Church  ;  and  he  fufp«nded  all  Men  from  prefenting 
to  Benefices  which  were  thirty  Marks  annual  Value, 
or  upwards. 

The  King  orders  The  Great  Men  and  Prelates  met  at  London,  accord- 
the  Bifhops  to  ing  to  the  Time  of  Adjournment,  to  treat  about  the  De- 
excommunicate  mand  of  an  Aid ;  where  the  King  again  renewed  to  them, 
vlo^Magna  and.  P™mifed  entirely  to  keep,  ^the  Charter  of  Liberties, 
fbarta.  which  he  had  fworn  to  at  his  Coronation  ;  and  gave  the 

Bilhops  Leave,  in  their  refpe&ive  Diocefes,  to  excom- 
municate himfelf  and  all  others  that  fliould  aft  contrary 
to  its  Intent  in  any  Article.  Yet,  for  all  this,  he  could 
only  obtain  twenty  Shillings  of  every  Knight's  Fee,  of 
thofe  who  held  of  the  King  in  Capite,  towards  the  Mar- 
riage of  his  eldeft  Daughter  j  Half  to  be  paid  at  Eajler^ 
and  the  other  Half  at  Michaelmas  following. 

Henry  met  with  fomewhat  worfe  Treatment  from 
r  ,jr  ]  another  Afiembly  of  his  Barons,  called  alfb  in  this  very 
Year,  1244;  when  the  King,  fays  Paris,  with  great 
Earneftnefs,  not  to  fay  Impudence n,  demanded  a  pe- 
cuniary Aid  of  thofe  whom,  adds  this  Author,  he  had 
fo  often  injured  in  this  Manner,  and  laughed  at  them 
for  it.  But  this,  we  find,  was  as  refolutely  denied, 
with  one  Accord,  by  the  Barons,  even  to  his  Face, 
at  a  Time,  when  our  Author  owns,  that  the  King  was 
going  with  a  very  numerous  Army  to  reduce  Wales  •  in 
thofe  Days  a  very  troublefome  Neighbour  to  the  EngHfo 
Borderers  on  that  Country. 

Denied  any  National  Affiftance,  it  is  no  Wonder  that 
this  King  became  fo  poor  and  indigent,  as  to  be  obliged 
to  ftoop  to  feveral  Meannefles  for  fupplying  his  Coffers, 
another  Way.  Paris  writes,  That  he  owed  fo  much 
Money,  and  to  fo  many  People,  for  even  the  very  Ne- 
ceflaries  of  Life,  that  he  durft  fcarce  appear  in  Public 
for  the  Clamours  of  his  Creditors  °. 

AnnoRegmjo.     In  a  Parliament  held  at  London  in  the  Year  1246, 
"46^n     there  were  fome  fevere  Laws  made  againft  fuch  as  rob- 
bed 

»  Inftantijflmet  ne  dicam  tmfudfntljjime.     M.  Paris,  fub  /Ir.no  1244. 

o  This  King's  Defence  againft  his  fturdy  Barons,  in  lelation  to  their  ill 
Ufage  of  him,  was  undertaken  by  Sir  Rohert  Cotton  in  a  fmall  Treatife, 
called,  A  fivrtVinu  of  the  kng  Reign  of  Xing  Henry  III.  London,  1642, 
a  Time  when  Altercations  of  the  fame  Sort  patted  betwixt  King  C'carks 
and  his  Parliament :  And  yet  this  fame  Sir  Robert  Gotten  made  a  very 
warm  Speech  in  the  firft  Year  of  that  King's  Reign,  againft  the  Grievance* 
then  complained  of,— This  Speech  will  appear  under  its  proper  Period, 


^ENGLAND.  45 

bed  Parks  or  Warrens.  If  the  Malefactor  fled,  and  was  King  Henry  ill. 

killed  in  the  Purfuit,  there  was  neither  Law  nor  Appeal 

allowed  for  his  Death.     If  any  Earl,  Baron,  or  Knight 

complained  to  the  King  that  his  Deer  were  ftolen,  an 

Inquifition  was  made  by  the  King's  Writ ;  and  if  he 

that  was  indicted  was  convicted  of  the  fame,  he  was  to 

lie  in  the  King's  Prifon  a  Year  and  a  Day,  and  to  pay 

three  Years  Value  of  his  Eftate,  having  juft  fufficient 

allowed  out  of  it  to  maintain  him ;  after  which  the  King" 

was  to  have  two  Parts,  and  he  that  received  the  Injury 

one  ;  then  the  Convict  was  to  find  twelve  Sureties  that 

he  fhould  never  do  the  like  again,  in  Parks,  Warrens, 

or  Forefts,  nor  do  any  other  Thing  againft  the  King's 

Peace  ;  of  all  which  his  Sureties  were  to  anfwer  for  his 

Body  and  Tranfgreffions.     Alfo,  if  any  one  was  taken      r   .g  -i 

in  a  Park  or  Warren,  without  the  King's  Writ  of  In-      >•  4    J 

quifition,  he  was  to  be  imprifoned,  fined,  and  to  give 

Sureties  as  before. 

But,  in  this  fame  Year,  am  oft  general  Parliament  P,  Anno  Regni  30, 
fays  Paris,  of  the  whole  Kingdom,  met  at  London,  ac-        *246' 
cording  to  Summons,  about  an  Ecclefiaftical  Affair  of 
the  utmoft  Confequence  to  the  Nation.     It  feems  the    At         *' 
Pope  had  been  ftrongly  follicited  by  the  King  to  remove 
ieveral  Grievances  which  were  greatly  complained  of, 
and  which  he  had  promifed  to  reform.    The  Subftance 
of  thefe  Grievances  was  as  follows  q  : 

1 .  *  That  the  Pope,  not  content  with  the  Payment 
'  of  Peter-Pence,  opprefied  the  Kingdom,  by  extorting 

*  from   the  Clergy  great  Contributions,    without  the 

*  King's  Confent;  againft  the  antientCuftoms,  Liberties, 
6  and  Rights  thereof ;  and  againft  the  Appeal  of  the  Proc- 
'  tors  of  the  Kingdom,  in  a  General  Council  at  Lyons. 

2.  '  The  Church  and  Kingdom  were  greatly  injured, 
'  in  that  the  Patrons  of  Churches  could  notprefentfitPer- 

*  fons  to  them,  becaufe  they  were  given  by  the  Pope's 
«  Letters  to  Italians,  who  underftood  not  the  Englijh 
'  Language,  and  carried  all  the  Money  out  of  the  King- 

*  dom,  to  the  great  f  mpoverifhment  of  it. 

3.  c  The  Nation  was  opprefled  by  the  Pope's  Exac- 
'  tion  of  Penfions  from  Churches,  and  by  Italians  i'uc- 

*  ceeding  Italians.  t  ^,, 

P  Parfiamentufn  generaUJJimum,  viz.  Prjelatorum,  tarn  Epijc&porum  jua* 
j1f>liatum  et  Priorum,  Ccmitum  quoqut  ft  Barvnum.      M.  Fails, 
\  M,  Paris,  Anno  1246.     Anna!.  Men.  Burton,  p.  307. 


46  ¥be  Parliamentary  HISTORY 

King  Hemy  III.  4.  c  The  Englijh  were  forced  to  profecute  their  Rights, 
f  out  of  the  Kingdom,  againft  the  Cuftoms  and  written 
'  Laws  thereof  j  and  againft  the  Indulgences  granted  by 
'  the  Pope's  Predeceffors  to  the  King  and  Kingdom  of 

*  England. 

5.  c  The  Church  and  Kingdom  infinitely  fufFered  by 
'  reafon  of  the  Claufe  of  non  obftante,  which  weakened 
c  and  enervated  all  Oaths,   antient  Cuftoms,  written 

*  Laws,  Grants,  Statutes,  and  Privileges.     And, 

6.  '  That  in  the  Parifhes  where  the  Italians  were 

*  beneficed  there  were  no  Alms,    no  Hofpitality,  no 
r        1      *  Preaching,  no  Divine  Service,  no  Care  of  Souls,  nor 
L  47  J      f  any  Reparations  done  to  the  Parfonage-Houfes.' 

The  King,  in  Confideration  of  thefe  Papal  Ufurpa- 
tions,  had  fummoned  this  Parliament  j  and  at  the  Meet- 
ing conferred  with  the  Bifhops  apart,  the  Earls  and  Ba- 
rons apart,  and  the  Abbots  and  Priors  apart,  in  order  to 
find  out  their  Sentiments,  and  the  propereft  Way  to  get 
thefe  Grievances  removed.  The  Refult  of  all  was  to 
try  the  mildeft  Way  with  the  Holy  Father  ;  and  it  was 
agreed  that  the  King  fhould  write  fingly  to  him,  the  Bi- 
fliops  by  themfelves,  the  Earls  and  Barons  by  themfelves  r, 
and  the  Abbots  and  Priors  by  themfelves.  All  which 
Letters  are  preferved  by  M.  Paris,  and,  by  their  hum- 
ble and  fubmiflive  Stile,  evidently  fhew  that  the  Fear 
of  the  Vatican  Thunder,  Bulls,  Interdicts,  &c.  was 
terrible  in  thofe  Days.  Notwithftanding  thefe  reafon- 
able  Remonftrances  to  the  See  of  Rome*  we  do  not  find 
that  they  produced  any  Effect,  for  the  Grievances  com- 
plain'd  of  continued  through  the  Courfe  of  this  whole 
Reign. 

&ano  Regni  32,     In  the  Year  1248  was  called,  by  the  King's  Writ, 

1248.        another  Aflembly  of  the  Nobles  to  meet  at  London^  in 

order,  fays  our  Author,  to  treat  of  the  Affairs  of  the 

At  London.    King(jorn>  at  that  Time  fadly  difturbed  and  much  im- 

poverifhed.     There  came  to  this  Meeting,  befides  the 

Barons, 

*  The  Preamble  to  thtf  Barons'  Letter  runs  thus  :  San&iffimo  Patri  in 
Cbrijlo  carij/imo,  J.  Dei  Gratia  univerfalis  Ecclefne  fummo  Pontifici,  devot: 
Ft/it  Richardus  Comes  Cornubia?,  Simo  <3e  Monteforti  Comet  Leyceflrias, 
"Willielmus  de  Ferrariis  Comes  Dcrbeix,  Humphredus  de  Bohun  Comes  He- 
refordiie  et  Effexis,  Rogerus  de  Bigot  Coma  NorfoJkiaJ,  Richardus  Ccrr.cs 
Glouctftrias  et  Heitfordiae,  Richardus  Comes  Winton,  Willielmus  Coir.es 
Albemarlias,  Henricus  Canes  Oxonias,  et  alii  totius  Anglix  Earoncs,  Pro- 
ceres,  et  Magnates,  ac  Nobiles,  Portuum  Man's  Habitat  ores,  ntcntn  et  Citrvf 
ft  Pofulust  Salutim,  M,  Paris,  jlntial,  Buitoa, 


of   E'-N  GLAND.  47 

Barons,  Knights,  Noblemen,  Abbots,   Priors,  and  a  King  Henry  HI. 

great  Body  of  the  Clergy,  nine  Bifhops  ;  alfo  Earl  Ri- 

fbard  the  King's  Brother,  the  Earls  of  Gloucejler,  Lei- 

ce/ler,  Winchejler,  Hertford,  Roger  Bygot  Earl  Mare- 

fchal,  the  Earl  of  Oxford ;  likewife  the  Earls  of  Lincoln, 

Ferrers,  Warren,  and  Peter  of  Savoy ,  Earl  of  Richmond. 

Boniface,  Archbifhop  of  Canterbury,   was  not  at  this 

Meeting,  he  being  engaged  at  that  Time  abroad  in  fome 

Affairs  with  the  Pope.     The  old  Demand,  the  Want      [  48  ] 

of  Money,  was  urged  again  at  this  Time,  and  the  fame 

Murmurings  began  on  the  Part  of  the  Barons  againft  it. 

They  faid,  '  They  admired  the  King  did  not  blufh  at 

*  making  fuch  a  Demand  of  them  ;  becaufe  he  had  gi- 

*  ven  them  his  Charter,  when  the  laft  Demand  was 

*  granted,  to  which  the  Lords  fcarcely  confented,  that 

*  he  would  not  again  load  his  Subjects  with  fuch  Exac- 
'  tions  :  That  he  was  greatly  to  blame -for  his  indifcreet 
'  callingoverofForeigners,on  whom  all  the  good  Things 
'  of  the  Kingdom  were  fcandaloufly  and  prodigally  wa- 
«  fted  :  That  even,  the  Daughters  of  the  Nobility  were, 

*  by  his  Means,  married  to  ignoble  Strangers,  without 
4  their  mutual  Confent,  which  is  the  Cement  of  Matri- 
e  mony;  and  his  own  natural-born  Subjects  fetafideand 
«  defpifed.     He  was  blamed  alfo,  and  not  undeferved- 
«  ly,  fays  Paris,  that  whatever  in  Eatables,  Drinkables, 

*  or  even  in  his  Robes,  but  particularly  in  Wines,  that 

*  he  ufed,  his  Cuftom  was  to  take  them  by  Force  from 
c  the  lawful  Owners  and  Venders  of  them  ;  by  thefe 

*  Means  greatly  injuring  his  own  Subjects,  as  well  as 

*  foreign  Merchants  who  brought  Goods  into  this  King- 
'  dom.     And  thus  Trade,    by  which  Nations  enrich 

*  each  other,  would  be  ruined  s  :  That  the  Nation  was 
«  fcandalized  and  impoverished,  the  Merchants  got  no- 

*  thing  from  the  King  but  Law-Suits,  or  fome  mean 

*  Trifle  in  Return,  whence  Thoufands  of  terrible  Curfes 

*  are  called  down  on  him,  to  the  Danger  and  Difgrace 

*  of  the  whole  Kingdom.     Moreover,  that,  in  order  to 

*  get  greater  Gifts  and  Premiums  frcrm  thefe  Merchants, 
«  he  had  feized  upon  their  Wax,  Silks,  and  other  Mer- 
'  chandize,  in  order  to  make  them  pay  for  the  Return  ; 
'  to  the  Difhonour  of  himfelf  and  the  whole  Kingdom  ; 

*  not  without  grievous  Offence  to  God,     That,  in  all 

<  thefe 

*  A  rcmaikable  Nation  of  the  Advantage  of  Trade  e\ren  in  thofeDays ! 


4-S  The  Parliamentary  HISTORY 

King  Beery  in. «  thefe Things,  he  fo  tyrannized,  and  ftudied  to  be  cruel, 
'that  even  the  poor  Fifhermen  on  the  Sea  Coafts,  who 

*  take  Herrings,  or  other  Fifh,  were  not  permitted  to 

*  difpofe  of  them  according  as  they  liked,  nor  dare  the 
'  Inhabitants  of  the  Towns  on  the  Sea-Coa$s  purchafe 

».        -.       *  them  ;  but  the  poor  Men  thought  it  fafer  to  put  to  Sea 

I  49  J       t  with  them,  even  in  ftormy  Wheather,  in  order  to  dif- 

'  pofe  of  them  in  foreign  Markets.  That  thefe  miferable 

'•  -     *  Traders  were  fo  cruelly  treated  by  the  King's  Colledtors, 

*  that  Punilhment  was  added  to  Lofs  ;  for  after  receiving 
•    '  Injury  upon  Injury  in  their  proper  Perfons,  their  Carts 

*  and  Horfes  were  taken  away  from  them,  and  driven 

*  into  fecret  Places.     That  he  kept  in  his  Hands  feveral 

*  rich  Bifhopricks  and  Abbacies,  founded  by  their  pious 

*  and  noble  Progenitors,  and  made  himfelf  both  Guar- 

*  dian  and  Governor  of  them,  to  their  utter  Deftruclion  ; 
'  contrary  to  the  folemn  Oath  which  he,  principally, 

*  fwore  at  his  Coronation.     Laftly,  the  King  was  very 

*  much  blamed,  by  all  and  fingular  the  Complainants, 

*  that  he  had  neither  Chief  Juftice,   Chancellor,  nor 

*  Treafurer  in  his  Council,  as  he  ought  to  have,  and  as 
'  his  moft  Noble  Predeceffors  had  before  him  j  but  thole 

*  Officers  he  had  were  allowed  to  do  their  own  Will  and 

*  Pleafure,  provided  he  gained  thereby;  not  promoting 

*  the  Public  Good,  but  feeking  only  their  own  Prefer- 
c  ment,  being  fuffered  to  get  as  much  Money  as  they 

*  could,  provided  his  Cuftoms  and  Rents  were  but  firft 
4  paid.' 

The  King,  when  he  heard  all  this,  was  much  con- 
founded within  himfelf,  and  afhamed,  fays  Paris,  be- 
caufe  he  knew  it  all  to  be  very  true.  He  promifed, 
therefore,  '  That,  certainly  and  truly,  all  thefe  Faults 

*  fhould  be  amended ;'  hoping  by  this  Humility,  tho* 
v                 it  was  feigned,  to  bend  their  Hearts  to  the  granting  his 

Demand  more  eafily.  But  the  Barons,  more  exafperated 
at  this  feeming  Complaifance,  anfwered  again,  *  All  this 

*  will  be  made  manifeft  in   a  little  Time ;  we  have 
«  waited  hitherto  patiently,  and  as  our  King  carries  to 

*  us,  fo  we  in  all  Things  will  behave  towards  him.' 
Thus,  adds   our  Author,  Matters    were  delayed   and 
poftponed,  from"  Candlemas,  when  this  Convention  met, 
to  the  Feaft  of  St.  John  Baptijl>  to  which  Time  they 
were  prorogued. 

Jn 


of   E  N  G  L  A  N  D.  49 

tn  the  mean  while  the  King,  either  of  his  own  Head,  King  Henry  III. 
W  by  the  Advice  of  his  Courtiers,  who  could  not  bear 
the  leaft  Retrenchment  of  the  Prerogative,  became  more 
hardened  and  more  exafperated  againft  his  Barons ;  fo      [  5°  3 
that  the  aforefaid  Grievances  ftill  remained  unredrefs'd.  Anno  Regni 

At  the  Day  appointed  all  the  Nobility  met  again  at       1248. 
London,  and  were  received  by  the  King  with  the  follow-    At  London, 
ing  Speech  : 

My  Lords  and  Peers  of  England, 

tyO  U  are  all  of  you  willing,  I  find,  to  have  my  Mind^*  King's 
-*     bent  to  your  own  frills,  and  have  not  treated 


at  all  civily  in  this  Matter.  You  would  have  monftrances  of 
me  jubmit  to  your  Pleasure,  and  yield  to  any  Terms  that tae  Barqnst 
.you  think  Jit  to  offer.  By  this  you  tmpofe  a  very  jlavijh 
Condition  on  me,  and  deny  me  that  Liberty  and  Authority 
which  every  Mafter  exercifes  in  bis  own  Family.  For, 
furely,  every  Mafter  of  a  Family  may  ufe  whofe  and  what 
Counfel  he  pleafes  ;  and,  in  his  own  Houfe,  put  in  or  put 
B'ut  what  Officers  he  thinks  fit ;  yet  all  this  you  prefume  to 
deny  to  your  Lord  and  King.  As  Servants,  therefore,  ought 
not  to  judge  or  impofe  any  Difficulties  on  their  Mafter s,ft> 
rteitber  jhould  Vajj'als  any  on  their  Prince.  The  Servant 
is  not  above  his  Lord,  nor  the  Difciple  above  his  Mafter; 
and  what  is  your  King  more  than  your  Servant,  if  he  is  tt> 
obey  your  Commands  ?  Therefore  my  Refolution  is,  neither 
to  remove  the  Chancellor,  Jujliciary,  nor  the  Treasurer,  at 
your  Pleafure ;  nor  will  I  appoint  any  other.  1  expeft  a 
fufficient  Aid  of  Money  from  you  for  the  Defence  and  Re- 
covery  of  my  Rights  beyond  Stat  in  which  you  are  alfo 
equally  concerned, 

To  this  fmart  Speech  from  the  Throne,  the  Barons 
•uhanimoufly  returned  this  fhort  Anfwer,  '  That  they 
«  would  no  longer  impoverim  themfelves,  to  enrich 

*  Foreigners,  as  they  had  formerly  done,  when  they 

*  gave  Money  for  the  King's  Expedition  into  Gafcoigny 

*  and  PoiRou?    And  thus  this  Parliament  was  diflblvecl 
without  any  Satisfaction  either  to  their  Sovereign  or 
themfelves :  But  the  King  was  hereby  reduced  to  fo 
great  aNeceflity,  that  he  was  obliged  to  expofe  to  Sale 
his  Jewels,  Plate,  and  other  rich  Utenfils  of  his  Houfe  J 
•which  Veflel'3,  though  they  were  curioufly  wrought  an4 

Vol.  I.     '  D  gilded, 


$o  ¥be  Parliamentary  HISTORY 

King  Henry  III. gilded,  were  not  fold  according  to  their  Value,  But 
Weight.  The  King  had  the  Curiofity,  fays  Paris,  to 
inquire  who  could  buy  thofe  rich  Veflels ;  he  was  an- 
[  51  ]  fwered,  they  were  fold  at  London  ;  Yes,  fays  the  King, 
1  know  very  well,  that  if  the  Riches  of  O&avius  Caefar 
were  to  be  fold,  the  City  of  London  is  able  to  buy  it  all  : 
Thofe  London  Clowns,  who  call  thetnfelves  Barony  adds 
he,  are  fo  full  of  Riches,  that  they  are  glutted  with  them  ; 
that  City  is  an  inexhauftible  Spring  of  Wealth.'  Upon 
this  Occafion,  fays  our  Author,  the  King  took  it  into 
his  Head  to  fleece  them,  which  he  afterwards  did  moft 
effectually. 

It  was  three  Years  after  this  before  the  King  thought 
•"'  ^  ',  fit  to  call  another  Parliament.  We  may  ftile  it  now  a 
great  Parliament,  becaufe  our  Author,  Matthew  Paris, 
calls  it  here  fo,  for  the  very  firft  Time l.  From  whence 
we  may  reafonably  conclude,  that  this  Word  Parlia- 
ment, of  Norman  Extraction,  was  then  come  into  Ufe. 
And,  indeed,  if  this  Appellation  is  derived,  as  the  Lord 
Coke  fays,  from  fpeaking  ones  Mind,  it  could  not  be 
applied  to  any  Period  of  Time,  or  to  any  Reign,  more 
properly  than  to  This  we  are  now  treating  of. 

AnnoReeni  «e.  ^n  March,  1251,  a  great  Parliament  was  held  at 
1x51.  '  London,  in  which  Henry  de  Bath,  Chief  Juftice  of  Eng- 
land, was  called  upon  to  anfwer  to  feveral  Crimes  and 
At  London,  Mifdemeanors  alledged  againft  him.  The  King  himfelf 
was  his  Profecutor,  and  therefore  his  Adverfaries  loaded 
him  the  heavier.  The  King  was  very  angry  with  the 
Juftice,  that  he  came  thither,  as  it  were,  guarded  by 
a  great  Number  of  armed  Men  of  his  Wife's  Kindred 
and  his  own,  a§  well  as  all  his  Servants ;  he  accufed 
him  more  highly  than  the  reft,  laying  to  his  Charge, 
amongft  other  Things,  That  he  was  a  Diflnrber  of  the 
whole  Kingdom,  by  exafperating  all  his. Barons  again ft- 
bim,  from  which  a  general  Sedition  might  be  expeSled. 
Therefore  the  King  caufed  it  to  be  proclaimed  by  the 
common  Cryer  at  London,  and  in  Court,  that  if  any 
Perfon  had  any  Caufe  of  Action,  or  Complaint,  againft 
Henry  de  Bath,  they  mould  come  into  Court  before  the 
King's  Prefence,  and  there  they  fliould  be  fully  heard. 
[  52  ]  BV  thefe  Means  many  Complaints  were  urged  againft 
him  j  and  one  of  his  own  Brother  Juftices  openly  proteft- 

ed, 

t  Eodemdnno,  fell,  izci,  bablsum  tfl  Parlhmentutn  magnum  Lon- 
«rmi.    M.Paris. 


^ENGLAND.  5I 

fed,  That  he  fuffer'd  a  very  great  Villain,  imprifon'd  and  King  Hmry  ill, 
convict,  to  efcape  unpunilhed,  having  received  feveral 
very  rich  Gifts  for  thatPurpofe  j  an  Offence  of  very  great 
Prejudice  to  the  King's  Authority,  znd  no  fmall  Dan- 
ger and  Scandal  to  the  reft  of  the  Juftices  his  Brethren. 
Upon  which,  fays  Paris,  the  King  being  much  pro- 
voked, mounted  up  on  High,  and  called  out  with  a 
loud  Voice,  That  if  any  Man  whatfoever  will  kill  Henry 
cle  Bath,  he  Jhall  be  acquitted  of  his  Death ,  and  I  pro- 
yiaunce  him  acquitted  accordingly;  and   then  the  King 
withdrew  haftily.  There  were  many  prefent,  adds  Paris, 
that  would  have  done  this  Lord  of  Bath's  Bufinefs  for 
him  foon,  had  not  the  Lord  "John  ./kfa;z/*/interpofed,  and 
prudently  check'd  their  Fury.    «  My  Lords  and  Friends, 
fays  he,  I  am  not  againft  profecuting  him,  but  it  is 
not  neceflary  at  all  to  be  thus  in  Anger ;  perhaps  our 
Lord  the  King,  by  this  Time,  repents  his  thundering 
out  this  rafh  Expreffion  :  Befides,  if  you  lay  violent 
Hands  on  Henryy  behold  the  Bifliop  of  London  will 
excommunicate  you,  and  his  Military  Friends  may 
revenge  his  Death.'     Thus,  in  a  great  Meafure,  their 
Fury  was  appeafed  ;  and  Earl  Richard^  with  the  afore- 
faid  Bifhop,  taking  up  the  Matter,  Things  were  carried 
with  more  Moderation  againft  him.     The  King  being 
afterwards  privately  informed,  that  there  might  be  fome 
Gain  in  the  Cafe,  and  a  certain  Sum  of  Money  being 
promifed,  the  Pri loner  was  releafed  both  from  Death 
and  Bondage  ;  and  in  a  very  fhort  Time  after,  on  the 
Payment  of  2000  Marks,  was  reconciled  to  the  King, 
and  entered  again  into  his  Office,  as  if  nothing  had 
happened. 

It  does  not  appear  that  any  Demand  of  Money  was 
made,  or  any  other  Bufinefs  done  at  this  Parliament. 

In  another  great  Convention  of  the  Eftates  of  the  Anno  Regni  -6, 
Realm,  which  met,  by  Summons,  at  IVejlminfter^  at       1252., 
the  latter  End  of  the  Year  1252,  and  continued,  by 
Adjournment,  till  after  Eajler^  in  the  Year  following, 
the  Exactions  of  the  Pope  on  the  Clergy  of  England 
was  the  great  Subject  of  Complaint;  in  regard  that,  be- 
fides  his  other  Claims,  he  had  now  demanded  a  Tenth 
of  all  the  Goods  of  the  Clergy  for  his  own  Ufe.     The      [  53  J 
Hiftory  we  quote  from  does  not  mention  what  was 
done  to  alleviate  this  Complaint  j  and  only  adds  that,  at 
D  2  the 


£2  The  Parliamentary  HISTORY 

King  Henry  III.  the  next  Meeting,  by  Adjournment,  a  Curfe  was  de- 
nounced, in  the  moft  folemn  Manner,  by  the  Arch* 
A  folemn  Ex-  bifllop  °f  Canterbury,  and  thirteen  other  Bifliops,  in 
communication  Pontificalibus^  againft  all  and  fingular  Perfons  that  fought 
pronounced  by  to  infringe  the  Liberties  of  Holy  Church,  and  thofe  of 
Parliament'  "  the  Great  Charters.     This  Ceremony  was  performed 
againft  fuch  as   before  the  King  in  the  Great  Hall  at  IPefiminfter  ;  the 
violate  the  Great  Form  of  the  Sentence,  or  Anathema,  itfclf  is  preferv'd  in 
arters.  tke  Annals  of  Burton,  and  in  one  or  two  more  of  our 

old  Hiftorians,  under  this  Year ;  and,  no  doubt,  was 
a  terrible  Piece  of  Church  Thunder  in  thofe  Days  ". 

The 

u  We  fliall  give  it  in  its  own  Language  as  follows : 
Anno  Gratite  M.CC.LIII.  tertio  Idus  Mali,  in  ihajorl  Aula  Regia  Weft- 
monafterii,  fub  Prafentia  &  A/enfu  Domini  H.  Dei  Gratia  Regii  Angliae 
illujiris,  &  Dominorum  R.  Comttis  Cornubiae  Fratris  fui,  R.  Cumitis  Nor- 
fochiae  fif  Suthfochias,  Marefcalli  Anglias,  H.  Csmitis  Hereford,  H.  Ccmitit 
Oxoniae,  J.  Ccmitis  Warren,  &  aliorum  Optimatum  Regni  Angliae,  no*  B. 
tlivina  Miferatione  Cantuarienfis  Archiepifcopvs  totius  Anglias  Primas,  F. 
Londonienfis,  H.  Elyenfis,  R.  Lincolnienfis,  W.  Wigorneufis,  W.  Nor- 
wicenfis,  P.  Herefordenfis,  W.  Sarefbyrienfis,  W.  Dunelmenfis,  R.  Ex- 
onienfis,  S.  Cadeolenfis,  W.  Bathonionfis,  L.  Roftenfis,  Th.  Menevenfis 
£ptfcopi,  Pontijicalibus  indutl,  Candelis  accenfis,  in  TranfgrcJJ'ores  Liber~ 
tatum  Ecchjiajlicarum,  &  Libertatum:  feu  liberarum  Confuetudinum  Regnt  • 
Angl\x,  &  prtfdpue  earum  quts  continentur  in  Cbarta  connnunium  Liberta- 
tum  Regni  et  Cbarta  de  Forejia,  Excommunicationii  Sententiam  folemniter 
tulimus  fub  bac  Forna  : 

'  Audloritate  Dei  omnipotentis,  Patris  &  Filii,  &  Spiritus  fan£li,  &  glo- 
'  riofae  Dei  Genitricis  iemperque  Virginis  Maria  \  beatorum  Apoftolorum 
'  Petri  &  Pauli,  omniumque  Apoftolorum  5  beati  Ibofna  Arcliiepifcopi  & 
'  Maityiis,  omniumque  Martyrum  ;  beati  Edwardi  Regis  Anglieg,  omni- 
'  umque  Confeflbrum  atque  Virginumj  omniumque  fanftorum  Dei,  Ex- 
'  communicamus,  Anathematizamus,  &  a  Liminibus  fanfli  Matris  Ecclefias 
'  fequeftramus  omnes  illos  qui  amodo  fcienter  &  malitiofe  Ecclefias  priva- 
'  verint  vel  fpoliaverint  fuo  Jure :  Item  omnes  illos  qui  Ecclefiafticas  Li- 
'  bertates,  vel  antiquas  Regni  Confuetudines  approbatas,  &  prascipue  Li- 
'  bertates  &  liberas  Confuetudines,  quaa  in  Chartis  communium  Liberta- 
'  turn  &  de  Forefta  continentur,  concefiis  a  Domino  Repe  Archiepifcopis, 
'  Epifcopis,  &  ceteris  Anglic  Praelatis,  Comitibus,  Baronibus,  Militibus, 
'  &  libere  Tenentibus,  quacumque  Arte  vel  Ir.genio  violaverint,  infrege-  - 
'  rint,  diminuerint,  feu  mutaverint,  clam  vel  palam,  Fa£lo,  Verbo,  vel 
•  Confilio,  contra  illas  vel  ea/um  aliquam  in  quocuinque  Articulo  temere 
'  veniendo.  Item  omnes  illoe  qui  contra  illas  vel  earum  aliquam  Statuta 
'  ediderint  vel  edita  fervaverint,  Confuetudines  introduxerint  vel  ferva- 
'  verint  introduftas,  Scriptores  Statutorum,  necnon  Confiliarios,  &  Exe- 
'  cutores,  &  qui  fecundum  ea  prasfumferint  judicare.  Qiu  omnes  &  finguli 
'  fuperius  memorati  hanc  Sententiam  incurfuros  fe  noverint  ipfo  Facto, 
«  qui  Scienter  aliquid  commiferint  de  praediftis  :  Qui  vero  Ignoranter ;  nifi 
'  commoniti,  iuha  quindenam  a  Tempore  Commonitionis  fe  correxerint, 
'  &  Arbitrio  Ordinariorum  plene  fatisfecerint  de  Commiffis,  ex  nuac  fint 
«  hac  Sententia  involuti.  Eadem  etiam  Sententia  innodamus  omnes  illos 
'  qui  Pacem  Regis  &  Regni  praefumferint  perturbare.' 

In  cujus  Ret  Memorials  JtmfittnUM  Nfi  Signs  noftra  frtefentibut  duxi- 


^ENGLAND.  53 

The  next  Year  King  Henry  went  with  an  Army  into  Ki"S  Senry  III. 
Gafcoigny,  and  there   recovered  what  had  been  taken 
from  him  in  that  Country.  During  the  King's  Abfence,      L  54  J 
in  the  Year   1254,  another   Parliament  was   held  in  Anno  Regni  3g. 
London,  but  it  does  not  appear  how  fummon'd,  tn  which        1254. 
came,  as  fpecial  MeiTengers  from  the  King,  thefe  Noble- 
men, the  Earl  Marefchal  Roger  Bygot,  and  Gilbert  de 
Segrave :  There  were  prefent  at  this  Meeting  the  Queen, 
Richard  Earl  of  Cornwall  the  King's  Brother,  the  Earl 
of  Wincbejler,  and  all  the  Bifhops  of  England,  except 
the  two  Archbifhops,   and  the  Bifliops  of  Durham  and 
Bath,  who  were  with  the  King  in  Gafcoigny.   The  Af- 
fembly  being  all  met,  the  King's  Prolocutor  and  MefTen- 
ger  rofe  up  and  faid, 

My  Lords  and  Friends, 

TN  whofe  Breaft  the  King,  our  Mafter,  places  bis  Con-  The  Lords  Com- 
fidence,  nor  hath  he  any  other  Refuge  to  fly  to  but  to  miffioners  Speech 
bis  faithful  Subjcfis.  You  all  know  very  well  how  he  has  Na 
cxpofed  himfelf,  with  Courage  and  Con/lancy,  to  the  Dan- 
gers of  the  Sea,  and  to  the  uncertain  Fate  of  Ifar,  for 
the  Good  of  his  Kingdom.  He  found  abroad  the  Enemy 
•very  formidable  and  ftrong  again/I  him  ;  fame  Part  of 
them  he  has  already  fubdued,  and  the  reft  he  hopes  to  con- 
quer.  The  King  of  Caftile,  whom  he  expetted  to  have 
found  bis  very  good  Friend,  a;  well  as  Kinfman,  was  his 
bittereft  Enemy,  and  proved  very  unfaithful  to  him  ;  to 
whom  the  Gafcoigners  were  greatly  inclined,  and  would 
rather  have  a  Spaniard  for  their  King,  than  their  own 
natural  Lord ;  therefore  the  King,  being  in  a  great  Strait , 
demands  from  you  a  powerful  andfitfficient  Aid  to  ajjijl  him. 

Some  of  the  King's  Meflengers  brought  alfo  with 
them,  as  Proofs  of  the  King's  Danger,  Javelins  of 
a  monftrous  Size,  called  Quarrels,  which  were  thrown 
from  Crofs-Bows  ;  the  Arches  of  thefe  Bows  were  pro- 
portionably  made  of  fmall  Timbers  put  together,  and  the 
D  3  Hafts 

M.  Paris  relates,  That  at  the  End  of  this  Sentence,  when  the  Pralates 
oft  down  their  Tafers,  cxtinguifhed  and  fmoking,  with  this  Execration, 
'  So  may  all  that  incur  this  Sentence  be  extinguiihcd  and  ftink  in  HcU  j* 
«  the  King  immediately  fubjoined,  So  help  me  God,  1  will  keep  all  thefe 
«  Things  inviolate,  as  I  am  a  Man,  as  I  am  a  Chriflun,  as  I  afD  a  Knight, 
'  as  I  am  a  King  crowned  and  anointed.' 


•fA  *Tke  Parliamentary  HISTORY 

King  Henry  III.  Hafts  of  the  Spears,  fays  our  Author,  alluding  to  that  of 

Goliab,  like  a  Weaver's  Beam.     Earl  Richard,  that  he 

[  55  ]      might  fet  an  Example  to  the  reft,  fir  ft  anfvvered,  and 

teftified  his  Steadinefs,  fays  Paris,  very  heartily  in  this 

memorable  Saying,   '  I,  that  am  more  powerful  and 

*  more  obliged  than  the  reft  of  you,  will  aflift  my  Lord 
<  and  Brother  as  much  as  I  can,  and  therefore  I  will 

*  keep,  at  my  own  Expence,  300  Soldiers,  by  the  Year, 

*  to  fight  for  him.'     The  Earl  of  Gloucefter  promifed 
alfo  an  Aid  to  the  King  according  to  his  Power;  add-' 
ing,  '  That  he  would  in  no  wife  help  the  King  to  con- 
c  quer  Countries,  but  would  aflift  him  againft  the  King 

*  of  Gaftile  if  he  aflaulted  him.'     In  this  Manner  alfo 
Earl  Richard  couched  his  Promife,  faying,  *  If  Things 

*  really  be  as  they  are  reported.'     At  thefe  Words  the 
whole  Aflembly  took  Fire,  and  difcovering  the  Snare 
that  was  laid  for  them,  cried  out,  '  Oh !  What  mean 

*  Arts  and  fpecious  Pretences  do  our  Superiors  make 
'  Ufe  of  to  deceive  us  ?  Hath  not  the  King  called  the 

*  Queen  and  his  eldeft  Son  and  Heir  both  weak  and 
'  cowardly,  becaufe  they  do  not  come  to  him  ?  which 

*  by  no  Means  they  ought  to  do,  if  the  King  of  Cajlile. 
c  and  he  are  at  fuch  Variance;  he  ought  rather,  if  he 

*  had  them  with  him,  to  fiend  them  back  into  England  as 
e  a  Place  of  Safety.     Has  he  not  fpoke  lately  of  an  ex- 
'  traordinary  Marriage  to  be  contracted  between  them? 
c  All  he  fpeaks  is  a  flat  Contradiction.'     Thus  the  King 
made  himfelf  appear  faithlefs  to  all  the  Aflembly,  which 
immediately  broke  up  without  doing  any  Thing,  and 
Earl  Richard  fent  an  Account  of  it  to  his  Brother  m. 

Anno  Regni  38.      Not  long  after  this,  and  in  the  fame  Year,  another 

1154.        Aflembly  of  the  Nobles  was  called  to  meet  at  London  ; 

the  Writs  fent  to  the  Sheriffs  are  ftill  extant",  directing 

At  Lonely,     (hem  to  return  tv/o  legal  and  difcreet  Knights,  chofen  by 

the  reft  in  each  County,  to  act  in  Behalf  of  them  all, 

in  order  to  confult  with  all  the  other  Knights  of  Shires 

fummoned  alfo  to  appear  before  the  King's  Council  at 

Weftminfter,  and  to  provide  fuch  an  Aid  as  they  (hould 

be  willing  to  grant  to  the  King  in  his  urgent  Neceflity. 

The  King,  under  his  Royal  Signet,  fent  an  Account  to 

this 

»  A  Copy  of  the  Earl's  Letter  to  the  King  is  preferved  in  the  Addna- 
mcnta  of  M.  Paris. 
a  Clauf.  38  //.  III.  m.  la.  d.  m.  7,  d.  m.  13,  d.  ©V. 


^ENGLAND.  5 

this  Parliament  of  his  extreme  Want  of  Money,  in  or-  King  Henry  in. 
der,  as  he  faid,  to  enable  him  to  withftand  the  Force  of 
a  very  great  Enemy  coming  againft  him.     To  this  he 
was  anfwered  by  all  and  fingular,  fays  Paris,  '  That      [  56  ] 
they  had  waited  now  full  three  Weeks  in  London,  in 
ExpecTation  of  feeing  Earl  Richard,  and  the  reft  of  the 
Nobles  who  were  gone  over  to  the  King  into  Gafcoigny, 
and  that  they  were  fo  often  grieved  with  thefe  Exac- 
tions, that  they  could  not  live  under  them  :  That  they 
would  not  refufe  to  go  to  the  King's  Affiftance  in  Per- 
fon,  if  they  were  better  aflured  that  the  King  otCaJiile 
was  coming  againft  him  as  an  Enemy;  tho'  they  could 
not  but  wonder,  that   when  Simon  Earl  of  Leicejler 
went  into  Gcfcolgny  and  fubdued  a  great  Party  of  Re- 
belsi  that  the  fame  King  of  Cafllle  did  not  at  that  Time 
aflift  them,  in  Oppofition  to  the  Intereft  of  England* 
With  thefe  and  many  more  fuch  Reafons  as  were 
urged  in  the  laft  Parliament,  as  well  as  being  told  the 
real  Truth  by  Simon  Earl  of  Leicejler,  who  was  then 
come  back  from  abroad,  the  Nobles,  fays  Paris,  efcap'd 
the  Snare  laid  for  them.     This  fubtle  Vapour,  adds  he, 
was  faid  to  arife  from  the  ftinking  fulphurous  Spring  of 
Poiftevin  Counfels;  and  the  Nobles,  with  great  Indigna- 
tion, tho'  very  forrowful  at  thefe  Proceedings,  retired. 

It  appears,  by  the  Courfe  of  this  Hiftory,  that  the 
Barons  were  right  in  their  Conjectures  about  the  King 
of  Cajlile,  and  that  he  was  no  fuch  dangerous  Enemy  as 
Henry  reprefented ;  for,  very  foon  after  this  laft  Meeting, 
a  Marriage  was  actually  confummated  betwixt  Prince 
Edward,  the  King  of  England's  eldeft  Son,  and  the 
Princcfs  Eleanor,  Sifter  to  this  Alpbonfus  King  of  Cajl'ile^ 
&\~.  The  Spani/h  King  gave  up  all  Title  whatfoever 
that  he  had  to  Gafcoiony ;  and  Henry  fettled  that  Pro- 
vince, with  all  Ireland  and  Wales^  &c.  upon  his  Son 
Prince  Ediuard  on  the  Marriage. 

In  the  fucceeding  Year,  1255,  about  Eafter^  foon  after  Anno  Regni  3$ 
the  King's  Return  from  abroad,  another  Parliament  was        "55. 
called  to  meet  at  London.    Paris  writes,  that  there  never 
was  feen  fuch  a  Number  of  the  Nobility,  both  Ecclefi-    At  London^ 
aftics  and  Seculars,  as  were  met  together  at  that  Time. 
The  King  acquainted  them  with  the  great  Debts  he  had 
contracled,  and  that  without  their  Affiftance  he  could 

not 


'$6  The  Parliamentary  HISTORY 

King  Henry  III.  not  difcharge  them,  and  therefore,  with  much  Earneft-* 

nels,  demanded  a  pecuniary  Aid  for  that  Purpofe  °. 
[  57  ]  This  Parliament  proved  full  as  refolute  againft  the; 

King  as  any  of  the  former.  They  began  with  recount- 
ing old  Grievances ;  and  withall  demanded  that  the  Chief 
Juftice,  Chancellor,  and  Treafurer,  might  be  chofen  by 
the  Common  Council  of  the  Kingdom,  as  had  been 
juftly  and  antiently  ufed  j.  and  lilcewife  that  they  might 
not  be  removed  but  for  the  moft  apparent  Crimes,  and 
by  the  Deliberation  and  Confent  of  the  whole  Kingdom. 
Concluding  with  this  extraordinary  Expreffion,  c  That 
'  they  ihoujd  never  be  able  to  bind  their  Proteus  of  g. 

*  King,  without  he  granted  all  that  they  demanded/  But 
this  the  King  refolutely  refufed  ;  on  which  the  Barons 
declared  that  Bufinefs  fhould  be  deferred  untill  the  Mi- 
chaelmas following  j  and  this  Council  adjourned  them- 
felves  to  that  Time. 

Anno  Regni  39.  The  fame  Year,  on  the  Feaft  of  St.  Luke>  the  No- 
ia5S-  bility  of  the  Kingdom  met  again,  by  Adjournment,  at 
Weftrninjler.  Here  the  King  firft  attacked  his  Brother 
Richarci^  £ari  of  Cornwall,  and  earneftly  preffed  him  to 
give  him  an  Aid  of  Money ;  to  whom  the  Pope  alfo  had 
wrote,  requiring  him  to  lend  his  Brother  40,000,  (with- 
out faying  whether  Pounds  or  Marks)  that  he  might  fet 
a  pious  Example  to  others.  But  Richard  regarding  hi,s 
Money  more  than  either  his  Brother's  Wants  or  the 
Pope's  Letters,  and  being  vexed  at  him  for  going  into 
jfpulia,  wheedled  thither  by  Italian  Artifices,  without 
the  Confent  of  him  or  his  Baronage,  fairly  refufed  him 
the  Loan  p.  And  when  the  King  moved  the  Matter 
to  the  reft,  they  replied,  *  That,  at  that  Time,  all  had 
'  not  beeq  fummoned  according  to  the  Tenor  of  their 

*  Great  Charter,  and  therefore  they  would  then  make  no 

*  Anfwer,  or  grant  any  Aid  without  the  reft  of  th,e  Peers.* 
This  Parliament,  fays  the  Monk,  by  many  fictitious  De- 
lays>  was  continued  a  Month,  whiHHhe  Nobles  were 
emptying  their  Purfes  at  London ;  and  then  returned  home 
without  doing  any  Bufinefs. 

In 

o.  The  Annals,  of  Burton  call  the  Aid  that  the  King  demanded  at  this 
Meeting  HCRNGELTH  ;  which  Skinner  defines  fributum  dim  fro  cornutit 
Jtnimalibus  in  Regis  Sal:u  pajiis  fendi  folitum  j  ab  A.  S.  HORN  Cornu,  tt 
GILD  Sotutio.  Skinner's,  Etymjlcg. 

p  Matt.  Parii  relates,  that  this  Earl's  Treafure  was  fo  great,  that  he 
could  fpend  100  Marks  every  Day  for  tea  Years  together. 


of   E  N  G  L  A  N  D.  57 

In  the  Year  1257  another  Parliament  was  called  to  King  Henry  in. 
meet  at  Weftminjhr,  about  Rafter,  in  order  to  treat  of  AnnoRegni4i. 
the  Bufmefs  of  Apulia  *.   To  this  Meeting,  fays  Paris,        1257. 
came  fuch  a  Multitude  of  Perfons,  of  all  Sorts,  that  Lon-  At  ^?w/^r. 
don  fcarce  could  contain  them.   It  feems  that  the  Crown 
of  Sicily,  and  fmall  Territory  of  Apulia,  in  Italy,  had 
been  offered  to  Prince  Edmund,  the  King's  fecond  Son, 
by  the  Pope  the  Year  before,  provided  the  King  would 
recover  Sicily  from  the  Hands  it  was  then  in.    This  had 
been  refufed  by   the  States,  as  a  foreign  Country  not 
worth  the  Trouble  and  Expence  of  recovering  r ;  and 
Apulia  now  was  rejected  in  the  fame  Manner,  though  the 
King  came  in  Perfon  to  this  Parliament  with  his  Son 
Edmund,  clad  in  an  Aputian,  or  Italian  Habit,  fays  Pa- 
ris, in  order  to  induce  their  Compliance.     In  this  Par- 
liament Richard  Earl  of  Cornwall,  the  King's  Brother, 
took  Leave  of  the  Peers,  and  foon  after  fet  out  for  Ger- 
many to  be  crowned  King  of  the  Romans ;  to  which  Dig- 
nity he  had  been  elected  fome  Time  before. 

The  Year  following,  1258,  and  about  the  fame  Time,  Anno  Regni  41, 
a  Parliament  was  again  fummoned  to  meet  at  London.        1Z58- 
The  King  was  prefied  by  the  Pope  on  the  Subject  of 
Apulia,  for  it  feems  he  had  fent  a  Kind  of  a  Legate  to  de- 
mand the  Money  which,  upon  the  King's  Requeft,  he 
had  obliged  himfelf  to  pay  to  the  Merchants  for  that  Bu- 
fmefs    The  King  demanded  a  very  large  Sum  to  clear 
himfelf  of  this  Matter,  which  the  Barons  ftiffly  denied 
to  aflift  him  with  :  And  in  this  Parliament  there  arofe 
great  Heats  and  Contentions  between  the  King  and 
the  Barons,  who  made  great  Complaints  againft  him. 
They  faid  that  he  flighted  the  Keys  s  and  Power  of      p        - 
the  Church,  and  did  not  obferve  the  Tenor  of  his      L  59  J 
Great  Charter ;  that  he  had  raifed  to  Dignities  and 
Riches  his  Half  Brothers,  againft  Law  and  Right,  as 
if  they  had  been  the  natural  People  of  the  Land,  and 
would  not  fufFer  any  Writ  to  iffue  out  of  Chancery 
againft  them :  That  although  the  Pride  of  his  Brothers 

and 

<3  Apulia  is  a  Difhift  in  Italy,  now  calPd  Puglia. 

r  The  Reafons  of  the  Peers  for  rejecting  this  Propofal  are  drawn  up  by 
Dr.  Brady,  in  his  corr.plete  Hiftory  of  England,  Vol.  I.  p.  616,  from  the 
Annals  cf  Burton. 

*  The  Anathema,  denounced  in  Parliament  againft  the  Violators  of 
MACNA  CHARTA,  [See  before  p.  52,  53.]  was  confirmed  by  the  Bull  of 
vtf  IV,  the  Year  following,  Annah  of  Eurtcn,  p.  331. 


58  The  Parliamentary  HISTORY 

King  Henry  III,  <  and  other  Poiftevins  was  intolerable,  yet  William  de 
'  Valence  exceeded  them  alK'  Simon  Montfort,  Earl  of 
Leicefter,  taking  Advantage  of  thefe  Difputes,  com- 
plained aloud,  not  to  the  King,  but  to  the  whole  Aflem- 
bly,  '  Calling  for  Juftice  ;  and  charged  the  King  with 

*  promoting  and  enriching  Strangers,  defpiiing  and  wa- 
'  fling  his  own  People,  to  the  Subverfion  of  the  whole 

*  Kingdom  ;  by  which  Means  he  became  unable  to  re- 

*  pel  the  Injuries  of  fo  inconfiderable  a  People  as  the 
«  Weljb. 

At  this  Parliament  it  was  that  the  King,  coming  into 
the  Houfe,  found  all  his  Barons  in  Armour,  and  with 
Swords  by  their  Sides.  They  laid  them  by,  indeed,  when 
he  entered  ;  but  the  King  being  much  furprized  at  this 
ftrange  Sight,  afked  them,  with  fome  Emotion,  what  they 
meant  by  it,  and  if  he  was  their  Prifoner  ?  Roger  Bygot9 
a  Man  tif  great  Warmth  and  Infolence,  anfwered.  No; 
but  that  they  were  determin'd  to  have  all  PoiSievins  and 
Strangers  banifhed  out  of  the  Kingdom  :  Upon  which 
great  Heats  and  Debates  arofe,  and  continued  for  fome 
Time,  when  the  Parliament  was  adjourned  to  be  holden 
at  Oxford  on  the  Feaft  of  St.  Barnabas  following  :  But, 
before  the  Adjournment,  the  Barons  promifed  the  King, 
That  if  he  would  reform  the  State  of  the  Kingdom,  ac- 
cording to  their  Advice,  and  the  Pope  would  make  the 
Conditions  about  the  Affair  of  Sicily,  &c.  more  eafy, 
fo  that  it  might  be  profecuted  with  Effect,  they  would 
then  endeavour  to  procure  him  a  commota  Aid,  or 
Tax,  for  that  Purpofe.'  The  King  agreed  fo  far,  that, 
before  Chriftmas  next  coming,  the  State  of  the  Kingdom 
ihould  be  rectified  by  them  and  the  Pope's  Legate,  if 
in  England ;  and,  for  the  Performance  of  what  fhould 
be  ordained,  he  put  himfelf  into  the  Pope's  Power,  fo  as 
he  might  compel  him  to  it,  which  Way  he  pleafed,  by 
Ecclefiaftical  Cenfure ;  and  to  this  he  made  his  Son 
Edward  fwear  that  he  would  obferve  and  keep  what  he 
had  granted. 

At  the  fame  Time  he  likewife  granted  to  the  Barons, 
that  the  State  of  the  Kingdom  fhould  be  rectified  and  re- 
formed, by  twelve  faithful  Perfons  of  his  Counci-1  then 
chofen,  and  twelve  others  to  be  chofen  by  the  Barons, 
who  fhould  meet  at  Oxford,  a  Month  after  Wbitfunday 
l»ext  coming,  to  do  every  Thing  that  they  fhould  fee  fit 


^ENGLAND.  $9 

fo  the  Honour  of  God  and  the  Good  of  the  Kingdom.  King  Henry  llj. 
The  King  promifed  inviolably  to  obferve  whatsoever      f  60  1 
fhould  be  ordained  by  thofe  Twenty- four,  or  the  Ma-      •"" 
jority  of  them,  under  fuch  Security  as  they  fhould  direct. 
He  made  his  Son  Edward  fwear  alfo  to  thefe  Articles, 
and  that  he  would  inviolably  keep  and  obferve  them  ; 
whereupon,  fays  Paris,  the  Earls  and  Barons,  on  their 
Parts,  promifed  to  endeavour  that  the  Parliament  fliould 
grant  him  an  Aid  f. 

Thefe  Twenty-four  had  Power  to  elect  four  that  were 
to  chufe  the  King's  Council,  which  was  to  redrefs  and 
amend  all  Matters  appertaining  to  the  King  and  his 
Kingdom  ;  and  the  Council,  or  the  greater  Part  of  it, 
was  to  chufe  one  or  more  in  the  Place  of  fuch  as  fhould 
make  Default,  eJV.  u. 

On  the  Feaft  of  St.  Barnabas  all  the  Great  Men  and  Anno  Regnj  42} 
Nobles  arrived  at  Oxford^  according  to  their  Adjourn- 
ment,  but  came  attended  by  all  fych  as  owed  them  Mi- 
litary Service,  which  made  it  feem  as  if  they  expected  At 
ibme  extraordinary  Enemy  to  deal  with.  They  fought 
to  cover  this  Proceeding,  however,  by  faying,  That  they 
came  thus  armed,  in  order,  afterwards,  to  go  and  attack 
the  King's  Enemies  the  Weljh :  But  their  true  Reafon 
was  for  Fear  of  the  King's  Half  Brothers  and  the  Pole- 
tevins  drawing  them  into  a  Snare.  However,  Matters 
went  better  than  they  imagined,  for,  in  this  Parliament, 
all  the  Elections  mentioned  before  were  made ;  and  the 
Twenty-four  chofen  to  amend  and  reform  th,e  Kingdom 
were,  firft,  thefe  w  : 

For  the  KING.  For  the  BARONS. 

1.  TheBifhopofZ0«//0».  I.  The  Bifhop  of  Wor- 

2.  The  Bifhop  Elect  of  cejler. 
jyincbcfter.  2.  Simon  Montfort,  Earl 

3.  Henry ^  the  King's  Ne-  rfLeiceftcr. 

phew.  3.  Richard  Earl  of  Glou- 

4.  John  Earl  of  Warren.  cejler. 

5.  GUI  do. 

t  The  King's  Declaration,  that  he  would  fubmit  to  fuch  Regulations  in 
the  State  as  twenty-four  of  the  Barons  fhould  agree  upon,  is  printed  in  Ri- 
mer's Iced.  Vol.  J.  p.  655. 

u  A  Copy  of  this  original  Agreement  in  French,  is  printed  in  Dr.  Brady  * 
Appendix,  Vol.  I.  N°.  190. 

w  The  following  Lifts,  &V.  are  preferved  in  the  Annals  of  Burton  ; 
Inter  Hift.  Ang  Serif  t,  V,  Fek  Oxon,  1684  j  and  copied  from  thence  by 
Dr.  £/-.•;/)•, 


Parliamentary  HISTORY 

King  ff*r.  III.          'FortheKlNG. 

5.  Guido  de  Lufignan. 

7.  JobnE.M\oWaru)ick. 

8.  Lord  John  ManfeL 

9.  Friary^Aw  de  Derling- 


For  the  BARONS. 
Humphrey  Earl  of  /fc- 
reford. 

RogerE*T\  of  Norfolt, 
and  Earl  Marefchal. 
Lord  Roger  Mortimer. 
Lord  J0/.>«  Fitz-Geof- 
fry. 

Hugh  By  got.  Brother 
to  the  Earl  Mare- 
fchal. 

Lord  Ri char dde  Gray. 
Lord  William  Bar- 
dolph. 

Lord  P^r  Monifort. 
Lord  //#£/,?  Defpenfer. 


Thefe  Twenty-four  chofe  four  of  their  own  Number, 
who  were  to  name  the  King's  Council ;  and  were  thefe, 


6. 

/0».  7. 

10.  The  Abbot  of  /Tc/?- 
minjler.  8. 

11.  Henry    de   Wengham, 
Dean  of  St.  Martin'^ 
London.  9. 

The    1 2th  omitted;    but    10. 
fuppofed  to  be  either  the 
Abp.  of  Canterbury,  Pe-     n. 
ter  of  Savoy,  or  James    12. 


The  Earr  of  Warwick. 
John  Manfel. 


Roger  Ear!  Marefchal. 
Hugh  Bygot)  his  Brother. 


Thefe  four  named  the  King's  Council,  who  were  fif- 
teen in  Number. 
j.  TheAbp.ofCtf«/<?r£#ry. 

2.  The  Bifhop  of  Worce- 
Jter. 

3.  The  Earl  of  Leicejler. 

4.  The  Earl  of  Gloucejter. 

5.  The  Earl  Marefchal. 

6.  Peter  of  Savoy,  Earl  of 

Richmond. 

7.  The  Earl  of  Albemarle. 


10.  John  JWanfeL 
II. 


14. 
1  5  . 


John  Fitz-Geoffry. 
12.  Peter  Montfort. 
1  3.  Richard  de  Gray. 

Roger  Mortimer. 

James  Audley^  or  Aldi- 

thclege. 

The  Noblemen  that  compofcd  the  Grand  Committee 
of  Twenty-four  "demanded  of  the  King, 

4  Fir/I,  His  Confirmation  of  the  Charter  granted  by 
King  John^  his  Father. 

*  Secondly*  They  requir'd  fuch  a  Judiciary  to  be  con- 
flituted  as  would  do  Juftice  to  fuch  as  fuffer'd  Wrong, 
as  well  to  the  Poor  as  the  Rich. 

*  Thirdly,  That  they  fhould  chufe  the  Judges,  Chan- 
cellors, Treafurers,  and  other  Officers  and  Miniflers, 
from  Year  to  Year,  for  ever.  <  Fourth!- 


^/ENGLAND.  61 

*  Fourthly,  That  they  themfelves,  or  Friends,  fhould  King  Henry  lit, 
have  the  Cuftody  of  the  King's  Caftles. 

c  Fifthly )  By  Edicl,  they  made  it  Capital  for  any,  of 
what  Degree  or  Order  foever,  to  refufe  to  confent  to 
thefe  Things ;  and  againft  fuch  the  Archbifliops  and 
Bifhops  alfo  pronounced  Sentence  of  Excommunication.' 

Thefe  Twenty-four  alfo  ordained,  That  there  fhould 
be  three  Parliaments  in  a  Year,  and  when  and  how  they 
fhould  be  holden.  This  Order,  tranflated  from  the  Ori- 
ginal French*  is  as  follows  : 

BE  IT  REMEMBERED,  That  the  Twenty-fiur 
have  ordained^  That  there  Jhall  be  three  Parliaments  in  a 
Tear  ;  the  firjl,  on  the  Odtaves,  or  eight  Days  after  St. 
Michael  j  the  fecond,  on  the  Morrow  after  Candlemas- 
Day  ;  the  third  on  the  firft  Day  of  June  j  that  is,  three 
Weeks  before  St.  John.  To  thefe  three  Parliaments  Jhall 
come  all  the  chofen  Councilors  of  the  King,  whether  fum- 
jnoned  or  not,  to  provide  for  the  State  of  the  Realm  j  and 
to  treat  of  the  common  Buftnefs  of  the  Realm,  when  Need 
/hall  be,  by  the  Command  of  the  King,  or  by  his  Summons. 

The  whole  Community  then  chofe  Twelve  Perfons 
to  reprefent  them  in  thefe  Parliaments,  &c.  to  fave  the 
Charges  of  the  Community.  The  Entry,  or  Record, 
of  which  Election  was  to  this  Purpofe: 

BE  IT  REMEMBERED,  That  the  Community  have 
chofen  Twelve  wife  Men  to  come  to  Parliament s,  and  at 
other  Times  when  there  /hall  be  Need,  when  the  King  and 
his  Council  /hall  command  or  fend  for  them,  to  treat  of  the 
Bufmefs  of  the  King  and  Realm,  and  that  the  Community 
will  hold  for  ejlablijhed  what  the  Twelve  Jhall  do,  and      r  5     -I 
this  Jhall  be  done  to  f pare  the  Cojl  or  Charges  of  the  Com'      !•     3  J 
inunity. 

Which  Twelve  Probes  Hcmmes,  Viri  probi  vel  pru- 
denies,  as  the  Record  has  it,  were  entered  in  this  Form: 
Thefe  are  the  Twelve  which  are  chofen  by  the  Barons^ 
eflu  par  lez  Baruns,  to  treat  in  the  three  Parliaments  in 
a  Year,  with  the  King's  Council,  for  all  the  Commons,  or 
whole  Community  of  the  Land,  pur  tut  le  Commun  de 
la  Terre,  upon  public  Bujinefs.  Their  Names  were 
thefe  ; 

The  Bijhop  of  London,          Philip  Baflet, 
The  Earl  of  Winchefter,       John  Baliol, 
The  Eprl  of  Hereford,  John  de  Verdun, 

John 


62  ¥be  Parliamentary  tiisToftV 

Kiflg Htrry  in.  John  de  Gray,  Hugh  Defpenfer, 

Roger  de  Sumery,  Thomas  de  Grefley, 

Roger  de  Montalt,  ./Egidius  de  Argenton  ". 

Many  other  Provifions  were  made  in  this  Parliament 
about  Feudal  Tenures,  Cuftody  of  Wards,  Marriages, 
and  Efcheats  ;  about  Suits  to  the  King's  Courts  be'fore 
Juftices  Itinerant,  County  Courts,  Hundred  Courts, 
Sheriffs  Turns,  Writs  of  Right,  Wafte  ofEftates  in 
Cuftody,  Taking  off  Diftrefles,  &c.  all  in  Abatement, 
adds  Dr.  Brady,  of  the  Rigour  of  the  Feudal  Law,  and 
for  their  own  Eafe  and  Benefit p. 

All  this  was  done,  and  Com  millions  for  the  Govern- 
ment of  the  King's  Caftles  were  iflued  out  in  eleven 
Days  Time,  as  appears  by  the  Record  of  them,  printed 
in  Dr.  Brady's  Appendix,  N°.  191,  2,  3,  which,  for 
their  extraordinary  Tenor,  are  worth  the  Obfervation 
of  the  Curious. 

The  laft  Thing  the  Barons  went  upon  in  this  Parlia- 
ment, after  they  had  gained  fuch  large  Conceffions  from 
the  King,  was  to  think  of  an  Aid  for  him.     Accord- 
ingly the  whole  Body  of  them  chofe  twenty-foor  Per- 
fons  who  were  to  treat,  feparately,  of  this  Affair ;  the 
I  64  ]      Names  of  whom  are  preserved  in  the  Annals,  before 
quoted,  and  are  as  follow  : 
The  Bifhop  of  Worcefter^     John  de  Gray, 
The  Bifhop  of  London,          John  de  Baliol, 
The  Bifhop  of  Salisbury,       Roger  Mortimer, 
The  Earl  of  Leicejhr,  Roger  de  Montalt ', 

The  Earl  of  Gloucejier^          Roger  de  Sumery 9 
The  Earl  Marefchal,  Peter  Montfort, 

Peter  of  Savoy,  Thomas  de  Grefley ^ 

The  Earl  of  Hereford,          Futco  de  Kerdijlon, 
The  Earl  rtA&tmarle,         Mgidius  de  Argenton- 
The  Earl  of  Wincbejler,        John  Kyriel, 
The  Earl  of  Oxford,     '        Philip  Ba/et, 
John  Fitz-Geoffry,  Mgidius  de  Erd'ington. 

But 

«  Dr.  Brady  obferve?,  That  thefe  Twelve  and  the  King's  Council  were 
•nly  to  be  prelcnt  in  thefe  Parliaments  :  That  they  were  all  Barons  and 
great  Tenants  in  Capita  j  not  one  Cotr.mdner,  fuch  as  are  now  lo  reputed, 
being  amongft  them. 

fridcAnnal.  Button,  p.  414,  &c.  clauf.  44  H.  III.  m.  17  dor.  The 
oils  of  Parliament  begin  with  this  Convention,  or  Parliament,  and  the 
Prov.fions  about  Feudal  Tenmes,  «n  all  the  Articles  lecited  above  in  the 
lost,  are  eat«red  theie, 


*f  £  N  G  L  A  N  D.  63 

feut  Matthew  Paris  writes,  That  inftead  of  granting  King  Henry  HI, 
6r  providing  an  Aid  for  the  King,  now  when  they  had 
got  their  own  Turn  ferved,  they  fought  to  diftrefs  him 
more,  by  driving  his  Brothers  from  him.  The  Names 
of  thefe  Uterine  Brothers  to  the  King  •>  were  Ademar* 
or  Atbelmar,  Elect  Bifhop  of  Winchefter,  Guy  de  Lu~ 
fignan,  and  William  de  Valence ;  nor  were  they  well 
pleafed  with  the  Behaviour  of  Prince  Edward,  his  Son, 
"John  Earl  of  Warren^  and  Henry,  his  Nephew,  Son  to 
the  Kkig  of  the  Romans,  who  had  all  boggled  at  the 
Afibciation  Oath  which  the  whole  Community  of  them 
had  taken.  The  Form  ofrfhis  Oath  to  be  taken  by  the 
whole  Body,  the  Oath  of  the  Twenty- four,  with  thofe 
of  the  Chief  Juftice  and  Chancellor,  may  be  feen  in  their 
original  Language  in  the  Annals  of  Burton,  p.  41 3,  tranf- 
iated  by  Dr.  Brady  in  his  complete  Hiftory  of  England) 
Vol.  I.  p.  629  j  and  are  therefore  unneceflary  here. 

Thus  ended  this  famous  Parliament  at  Oxford,  in  the 
Year  1258-9,  which  afterwards  got  the  Name  of  Par- 
Uamentum  Infanum,  or  the  Mad  Parliament;  becaufe,  L  "S  J 
fays  an  Hiftorian,  many  Things  were  there  enacted  which 
caufed  the  Death  of  feveral  of  the  Nobility  afterwards. 
We  (hall  not  flop  to  make  any  Reflections  on  the  Con- 
duel:  of  either  Party,  our  Readers  are  at  Liberty  to  judge 
for  themfelves ;  but  whatever  Conceffions  the  Barons 
wrefted  from  the  Crown,  at  this  Meeting,  they  quickly 
loft  again  by  their  too-violent  Proceedings. 

Nor  were  the  Barons  that  were  added  to  the  King's 
Council,  by  thefe  Provifions,  over  hafty  to  execute  their 
Part  of  this  folemn  Agreement.  We  find  that  the  Year 
after,  1259,  whilft  the  King  was  keeping  the  Feaft  of 
St.  Edward,  at  Wejlminjler,  in  a  very  grand  Manner,  a 
Deputation  from  all  the  Batchelors  y,  or  young  Men,  of 
England,  came  to  Court  and  reprefented  to  Prince  Ed- 
ward, the  Earl  of  Gloucefter,  and  others  of  the  Council, 
fworn  at  Oxford,  '  That  the  King  had  actually  and  to- 
tally 

q  Thefe  Princes  were  the  Children  of  Jfalel  the  King's  Mother,  after 
the  Death  of  King  Jckrt,  by  Hugh  Ic  Brun,  Earl  of  March,  to  whom  fhe 
had  been  contracted  before  her  Marriage  with  John.  Mat.  Weft.  An.  1 2  58. 

M.  Paris  writes,  That  there  were  20,700  Founds  and  30,000  Mark« 
fpent  on  the  King's  Half  Brothers.  He  begged  fome  that  told  him- of  this 
to  fay  no  more  :  Ob,  for  the  Head  of  Cod,  his  Oath,  fay  no  more  of  it, 
Itjl  tbe  -very  Relation  make  Mm  luonder  and  ftand  amazed, 

/  Community  Bacbelari*  Angli*.     Annal,  Mtnaflt  Burton,  p.  427,  #? 


64  We  Parliamentary  HISTORV 

King  Henry  III,  c  tally  fuifiiied  and  compleated  all  and  fmgular 

*  Obligations,^,  which  the  Barons  had  impofed  on  him 
'  at  Oxford;  and  that  the  faid  Barons  had  done  nothing 

*  on  their  Parts  for  the  Good  of  the  Public,  as  they  had 

*  promifed,  but  only  minded  their  own  private  Interefts, 

*  and  had  every  where  diftrefs'd  the  King's  Affairs;  and 
c  that,  if  this  was  not  fuddenly  amended,  they  would  fee 

*  it  reformed  fome  other  Way.'     To  which  the  Prince 
immediately  anfwered  for  himfelf,  '  That  as  he  had  un- 

*  willingly  taken  a  certain  Oath  at  Oxford,  yet  he  was 

*  ready,  on  his  Part,  to  enforce  the  faid  Oath,  and  to 

*  venture  his  Life  for  the  Commonalty  of  England,  and 

*  the  general  Good,  according  to  the  Tenor  of  the  faid 

*  Oath.'     Then,  turning  to  the  Barons  of  the  Council, 
he  told  them,  '  That  unlefs  they  would  immediately  ful- 

*  fill  the  faid  Oaths,  he  would  himfelf  ftand  by  the  Com- 

*  monalty,  even  to  Death,  and  force  them  to  it.'     The 
Barons  finding,   at  length,  that  they  could  not  avoid 
making  good  their  Promifes,  and  chufing,  adds  our  Au- 
thority, rather  to  do  it  of  themfelves  than  be  compelled 
to  it,  publifhed  the  Body  of  Laws,  called  Provijiones 
Baronum. 

[  66  ]          Thefe  Laws  in  the  French  Tongue  are  contained  in 
nineteen  Articles,  but  are  much  too  long  to  infert  in 
our  Hiftory.     The  Conclufion  of  them  runs  thus  : 
The  Barons  P«f«      'fhefe  are  the  Purveyances  and  Eflallijhments  made  at 
vifions.  Weftminfter,  in  Parliament,  by  the  King  and  his  Council^ 

and  the  Twelve,  chofen  by  common  Affent  of  the  whole 
Community  of  England,  which  were  then  at  Weftminfter, 
in  the  Tear  of  the  Reign  of  Henry,  the  Son  of  King  John, 
forty  and  three. 

The  National  Bufinefs  went  on  under  this  Form  of 
Government  for  fome  Time  :  The  Barons  having  dri- 
ven the  King's  Brothers  and  all  the  Poiclevins  clear  out 
of  the  Kingdom,  and  excufed  the  Matter,  as  well  as  they 
could,  to  the* Holy  See,  in  a  fubmiffive  Letter  to^the 
Pope  for  that  Purpofe,  thought  now  they  had  the  King 
and  Kingdom  intirely  to  themfelves,  and  might  rule 
both  according  to  their  own  Will  and  Pleafure.  But 
the  King's  Affairs  were  not  in  fo  bad  a  State  as  they 
imagined  ;  the  King  of  the  Romans,  his  Brother,  came 
over  to  his  Afliftance  ;  who,  with  Prince  Edward,  and 
marfy  Nobles  more,  maintained  the  Royal  Caufe  ;  whilft 

Simc-x 


of 


E  N  G  L  A  N  D. 


Simon  Montfort,  Earl  of  Leicejler,  at  the  Head  of  the  King  Hwy  HI, 

other  Barons,  endeavoured  to  fupport  the  Oxford  Pro- 

vifions  ;  which  occafioned  the  wafting  and  burning  each. 

other's  Caftles,  Lands,  and  liftates,  all  over  the  King- 

dom.    However,  by  the  Mediation  of  the  Queen,  a 

Treaty  was  fet  on  Foot,  and  Matters  were  fomewhat 

accommodated  betwixt  the  King  and  his  Barons  j  but 

it  did  not  laft  long  ;  for  Henry  defpairing  to  gain  any  Aid 

from  them,  and  willing  to  (hake  off  the  Yoke  they  had 

irnpofed  en  him  at  Oxford,  fent  to  the  Pope  for  an  Ab- 

folution  from  the  Oaths  he  had  taken  on  that  Occailon.  Jjie  p?pe*t"' 

,  ,,,       T1  i  •     r>  CL  j  i         i_r  i       ,  folves  the  King, 

1  he  Pope  grants  his  Requeir,  and  not  only  abfolved  &c  from  th° 
the  King,  but  all  others  who  had  taken  Oaths  for  that  Oaths  taken  to 
Purpofe,  giving  for  Reafon,  that,  by  this  Diflblution  of  fuPPort  ****** 
all  that  had  paffed,  they  might  fooner  come  to  an  Ac- 
commodation a. 

Upon  this  the  King  calls  another  Parliament  to  meet  Anno  Resni  47* 
again  at  Oxford,  according  to  M.  Paris  -,  but  the  Re- 
cord fays  at  J^ejlminfter,  about  the  I2th  of  June  this  AtOxforfa 
Year  b.  Parliaments,  indeed,  are  frequent,  but  very 
confufed  about  this  Time  ;  and  well  they  might,  when 
this  was  held  juft  on  the  Brink  of  a  Civil  War  between 
the  King  and  his  Barons.  But  it  is  fomewhat  ftrange, 
that  neither  in  the  Record  of  this  Parliament  nor  the 
former,  there  is  any  Mention  made  of  thefe  Feuds  and 
Animofities,  nor  is  there  one  Word  relative  to  the 
Oxford  Provifions  in  them.  This,  like  the  former 
Meeting,  chiefly  tending  to  regulate  fome  Matters  in 
the  Common  Law,  fuch  as  Suits  in  Lords'  Courts^ 
Sheriffs'  Turns,  Judges  itinerary,  &c.  The  Records 
themfelves  being  thus  filent  in  the  more  public  Affairs 
of  the  Nation,  we  muft  have  Recourfe  to  the  old  Hi- 
itorians  of  thefe  Times,  who  tell  us,  That  at  this  pre- 
ient  Meeting  the  King  propofed  to  his  Nobles,  That  fince  [  67  ) 
both  be  and  they  bad  all  been  too  warmly  drawn  in  to  make 
the  former  Provifions,  and  fince  the  Pope  had  abfolved 
both  him  and  them  from  their  Oaths  taken  on  that  Occa- 
fion,  he  hoped  they  would  take  hold  of  the  Benefit  of  that 
Absolution,  &c.  and  let  all  1  hings  be  rejlored  to  their  an- 

VOL.  I.  E  tient 

a  The  King's  Declaration  that  he  is  abfolved  from  his  Oath,  and  does 
not  think  hi  mil-It"  under  any  Obligation  to  obfcrvr  thi-  Regulations  made  by 
the  »i.irori8  at  Oxford,  is  piinted  in  R-fir.er\  Fctd.  Vol.  1.  p.  -46. 

••>  Pat,  47  //,  111,  m.  i±.  in  fchedula  dorf, 


66  The  Parliamentary  HISTORY 

King  Henry  ill.  f'ienf  Ufage.  The  Lords c,  who  were  prefcnt  at  this 
Meeting,  unanimoufly  replied,  for  themfelves  and  their 
Followers,  *  That  the  Provifions  which  were  made, 

*  and  which  they  were  bound  by  Oath  to  keep,  they 

*  were  refolved  to  adhere  to,  to  the  End  of  their  Lives; 

*  looking  upon  them  to  be  equally  conducive  to  the 
«  Good   of  the   King  and   Kingdom.'     Whiltt   thefe 
Things  were  going  on  to  an  open  Rupture  betwixt  the 
King  and  his  Barons,  fome  Bifhops   interpofed,  who, 
•with  fome  other  common  Friends  to  both  Sides,  brought 
Matters  fo  to  bear  between  them,  that  the  Decifion  of 
the  whole  Affair  was  left  to  the  Judgment  of  the  King 

The  King  of  of  France.  Some  Time  after,  in  the  fame  Year,  the 
Se'SIrSTpro- Frmch  KinS  callcd  a  Parliament  of  his  Bifhops  and 
vifions.  Nobles  at  Amiens  ;  where,  deliberating  gravely  on  this 

Bufmefs,  he  at  laft  gave  Sentence  for  Henry  againft  the 
Barons,  difannulled  the  Oxford  Provifions,  and  reflored 
his  Brother  King  to  his  priftine  State.  But  Simon  Mont- 
fort,  Earl  tfLeicefter,  taking  an  Exception,  '  That  he 
did  not  hereby  abrogate  King  John's  Charter,  declared, 
That  the  Provifions  were  founded  on  that  Charter,  and 
therefore  he  would  not  fubmit  to  the  French  King's 
Sentence  d.' 

The  Civil  War  now  broke  out  with  Violence,  the  King 

being  very  unfortunate  at  the  Beginning  of  it  ;  for  not 

long  after  happened  the  Battle  of  Lewes  in  Sujfex,  where 

the  King's  Army  was  routed,  and  he,  with  his  Brother 

[  68  ]       Richard.,  King  of  the  Romans,  were  taken  Prifoners, 

The  King  taken  W'tn  many  Barons.      This  Battle  W3S   fought  May  14, 

Prifoner  at  the  1264.    M,  Weftminfter  writes,  That  King  Henry  had  a 

Battle  between  Horfe  killed  under  him  in  it e. 

him  «d  thcBa-  And  now  Montfort^  having  the  King  in  his  Poffeflion, 
did  with  him  as  he  pleafed  ;  he  caufed  him  to  fend  out 
Commiflions  to  conftitute  and  appoint  Keepers  and 
Confervators  of  the  Peace  in  all  the  Counties  of  England. 
And  in  the  Body  of  thefe  Commiflions  there  was  a  Pre- 
cept 

c  Henry  Knygbton  has  given  us  the  Names  of  fome  of  the  Lords  that 
compofed  this  Meeting,  vix.  Simon  Earl  of  Leiccjicr  j  Gilbert  d-  Clare,  Earl 
vfGlouceJler;  Humphrey  do  Bobun,  |un.  Earl  Ferrers;  amongft  the  Barons 
were  >£„  Fhvjobn.  Henry  de  Hajlings,  Geoffry  Lucy,  John  l^Jcy,  jun. 
JV«*MU  de  Stgr***,  Hugb  k  Sper.fer,  and  Robert  Kpont.  Deccin  Script. 
H.  A.  col.  2446. 

d  The  Award  of  Lewit  the  French  King,  between  the  Enrlilb  Kine 
and  his  Barons,  is  alfo  in  Kymer,  Vol.  I.  p.  7-6. 

c  Rex  Anglix,  Ejuo  tlcfiijjimv  fub  ft  u*fo/o,  captus  cj!t 


^/ENGLAND.  67 

cept  directed  to  every  one  of  thefe  Confervators,  to  fend  King  Hetty  m, 

four  of  die  moft  legal  and  difcreet  Knights,  of  each 

County,  to  be  chofen  by  the  AfTent  of  that  County,  to 

ferve  for  the  whole,  to  meet  the  King  at  London  j  to  be 

there  on  the  Octaves  of  the  Holy  Trinity  at  fartheft* 

to  treat  with  the  King,  his  Prelates,  Great  Men  and 

others,  about  his  own  Bulinefs,  and  the  Bufinefs  of  the 

Nation. 

As  this  is  the  firft-Time  we    can,  with  Certainty,  Anno  Regni  48^ 
find  when  the  Gentry  or  Commons  of  England  were        ia^' 
called  to  Parliament  to  confult  with  the  King,  the  Bi- 
fhops,   and  Barons,  on   the  State  of  the  Kingdom,  it 
\vill  not  be  amifs  to  be  a  little  particular  about  it.   Tho* 
indeed  it  will  be  in  vain  to  expect  to  find  any  Traces 
of  the  antient  Englijh  Conftitution  of  Parliaments  trom 
a  Convention,  fummoned  at  the  arbitrary  Will  of  a 
Rebel,  compofed  of  fuch  as  would  beft  ferve  his  Pur- 
pofe,  none  elfe  being  called  to  it ;  for  King  -Henry  was  j['mJJ*^[Je 
then  in  Cuftody  of  the  Earl  of  Leice/ter,  and  under  his  Commons  to 
Power;  Richard,  Kins;  of  the  Romans,  a  Prifoner  in  the  Parliament,  in 
Tower ;  their  two  eldeft  Sons  Prifoners  and  Hoftages  J^"*8'8 
in  Dover  Caftle  ;  the  Barons  that  adhered  to  the  Royal " 
Caufe,  for  that  Time  fubdued  ;  fo  that  the  whole  Power 
v  of  the  Kingdom  was  then  in  the  Earl  of  Leicefter  and  his 
Abettors f.     It  feems    the  Earl   and   his  Friends   had 
projected  a  new  and  ftill  a  ftronger  Scheme  for  the  Re- 
formation of  the  Government,  and  they  feemed  to  want 
the  Confent  of  the  whole  Nation  to  give  it  a -Sanction  ; 
for  which  Reafon  thefe  four  Knights,  to  be  chofen  out 
of  each  County,  were  firft  thought  of.     Dr.  Brady  and 
other  Writers,  on  the  Side  of  Prerogative,  call  this  an 
Innovation  of  the  antient  Cuftom  of  fitting  in  Parlia- 
ment, and  abfolutely  deny  that   the  Commons  were      [  69  3 
ever  called  before.    The  Doctor  fays,  That  the  Scheme 
of  Government  here  invented  was  no  lefs  than  to  un- 
king the  King ;  and   there  was  an  Inftrument  readyv 
drawn  againft  the  Meeting  of  this  Parliament  for  that 
E  2  Purpofe. 

f  Mr.  Rymer  has  taken  Care  to  diftinwifli  the  Afts  of  State  the  King 
was  obliged  to  make  during  his  Captivity,  fo  as  to  be  eafily  known  from 
tin:  others,  from  p.  790  to  815.  f'xdera  Ai'.g*  Tom  I 

In  the  Parliament  Rolls,  Rot.  Pat.  48  H.  111.  m.  2.  dorfo  N°.  14, 
tiicic  is  an  Abftra£l  in  trench,  but  without  any  Date,  of  an  AwarJ  fii.i  t.- 
be  made  by  the  King,  the  Prelates,  Earls,  and  Barons,  only,  of  the  Land, 
de  la  Terre,  giving  Satisfaction  to  Holy  Church,  for  divers  Depredations 
maJe  upon  her  Territories  during  thefe  Troubles, 


68  The  Parliamentary  HISTORY 

|Ung  Henry  III,  Purpofe.  The  Inftrument  itfelf  is  printed  in  Dr.  Brady  s 
Appendix*,  and  an  Abftract  given  of  it  in  his  Hiftory  h, 
to  both  which  we  refer  thofe  that  will  concern  them- 
felves  in  the  Controverfy.  It  is,  however,  undeniable 
that,  if  this  Form  of  Government  had  taken  Effect,  the 
.Regal  Power  would  have  been  entirely  eclipfed,  and  the 
.King  in  a  worfe  State  of  Vaflalage  than  the  meaneft 
Subject. 

On  the  other  Hand,  Mr.  Prynne  and  Mr.  Petyt  are  ftrc- 
jmous  Advocates  for  the  Rights  of  the  Commons  offing* 
land  ;  aflerting,  That  they  were  always  confulted  from 
the  earlieft  Account  of  Government  in  this  Ifland.  But, 
as  we  have  touched  upon  this  Controverfy  in  the  Exor- 
dium to  this  Work,  we  {hall  content  ourielves,  and  we 
hope  our  Readers,  with  noting  that  the  Arguments  on 
both  Sides  are  beft  drawn  up  by  the  aforefaid  Dr.  Brady  * 
and  Mr.  Petyt  k,  to  which  we  refer.  Obferving  farther, 
That  we  fhould  have  been  glad  to  have  cleared  up  this 
Matter  on  the  Side  of  the  Commons  in  the  former  Part 
of  this  Work,  had  we  but  met  with  any  authentic  Te- 
ilimony  of  it  from  the  Conquefl  to  this  Period. 
To  :proceed  then  with  our  Hiftory.  - 
It  cannot  be  amifs,  in  this  Part  of  it,  to  give  our 
Readers,  at  Length,  the  Form  of  the  Writ  of  Summons 
directed  to  the  rcfpeftive  Prelates,  Abbots,  Priors,  and 
Barons,  .which  were  to  conftitute  this  Parliament  ;  as 
alfo  the  Subftance  of  the  Precept  direded  to  the  Sheriffs 
for  the  eleaing  the  Knights,  Citizens,  and  Buries, 
that  were  to  fit  amongft  them  ;  for  it  does  not  yet  appear 
that  the  latter  made  then  a  feparate  Houfe,  or  adted  as 
fuch.  This  then  being  the  firft  Precedent  we  have  upon 
I  7°  J  Record  of  a  Parliament,  conftituted  as  at  this  Day,  a 
Copy  of  the  Summons  from  the  Feeder  a  Anglican*  de- 
ferves  particular  Notice  '. 

8  NO.  a,3.  Pat<  48  H>  Ult  m§  6  ^foi 
h  P.  643,  644. 


Fol. 

k  Petyt'i  Jut  Parl-ametiiarim.     Fol.  London,   1734. 
J  Ad  Cenfultandum  cum  eodcm  Simone  Re-gem  captiwm  ducentc, 
&£$,  nonnull,  Baron,*,  Abbatvm,  &  Prfcrum  inaudva  turba   n 

cant      T  rf°mifat!iS  &  B"rZ"  »fW'1*'  fd<Bi  <**&        . 
cantur,  per  k*  Si^noms  mandatum,  in  N9KiK  Regit, 

Henri 


0f   ENGLAND.  69 

It  does  not  appear  that  this  Parliament,  fo  called,  K»ng  H*»ry  in, 

with  the  Commons  included,  who  were  to  fit  to  do  Bu- 

finefs,  on  the  2ift  of  'January  ,   1264,  at  London^  did 

ever  meet  for  that  Purpofe  :  It  is  probable  the  inteftine 

E  3  Troubles 

Henricus,  Dei  Gratia,  Rex  Anglise,  Dcminus  HibenxJz,  &  Dux  Aqui- 
tanis,  ytneraotli  in  Cbrijlo  Patri  R.  tadem  Gratia,  Epifcepo  Dunelmtnfi, 
Saint  em 

Cum,  pofl  gravia.  Turbatianum  Difcrimina  dudum  babita  in  Regno  noflrot 
Cbarijjimut  friiui  Edw  rd'is,  PrJmogenitus  nofler,  pro  Pace  in-Rcgno  noflro 
afofurai.la  &  frmanda  obfes  traditui  cxtiriJJ'et  ;  &  jam  Jedata  (Bencditlus 
Deus)Turbatione  prtedilJayfuperDeliberationc  ejufdcmfalubriterprowidendat 
&  plena  Secuniate  &  "TrarquiUitate  Paa's  ad  Hznorem  Dei  &  Utilttater* 
to'.iu:  Regni  noftri  frmanda  &  totah'ter  cotnplenda  j  ac  fuper  qvibufdam  aliis 
Rfgni  noftri  Ncgo-tut,  qua  Jine  Conjilio  -vcpro  &  alioritm  Pra:latorum&  Mag- 
natitm  ncjirsrutn  nolurr.u*  expediri,  cum  eifdem  Trafiatum  babere  nt->  of/ort.-.tt, 

Vabii  Mandamus,  rogantes  in  fide  &  DileElione  quibus  nobif  fenerr.in;,  quodt 
crxni  Occafione  psftpojita  &  A'egotiis  aim  prxtermijjis  Jttis  ad  noi  London'  in 
Of!  ali  s  Sanfti  Hilarii  pnxime  futurit  5  nobifcum  &  cum  pradifiit  Pralatis 
&  Magnatibui  noftrit,  quo*  ibidem-vocari  fecimus,  fuper  pra?m:jfis  traff  atari 
&  Conjilium  impenfuri  :  Et  hoc,  Jicut  Nos  &  Honerem  no/irum  &  ve/frum, 
«e£non  &  ctunmunemRegni  noftri  'Iranquillitatem  diligitis,  nullatenittomittatis, 
Itfle  Rege  apud  Wigorniam,  14  Die  Decembris, 

Eodem  Mcdo  Mandatum  tjt 

Epifcopo  Karliolenfi,  Abbati  S,  Mariz  Eboraci,  Pricribus  Dunclmenfi, 
&  S.'Tiinitatis  Eboraci,  Abbatibus  de  Seleby,  Fumes,  Fontibus.  Rvevalle, 
Mclla.  Rupe,  Bella  Landa,  Prioribu*  de  Bndlington.  &  S.  Ofwaldi,  Ab- 
tati  de  Ruftbrd,  Prioribui  de  Blyda,  Thurgarton,  &  Carleolenfi,  Abbati 
de  Whiteby,  Priori  dt  Guifeburn,  Arcbiefijcopo  Eboracenfi,  Priori  de 
Parco,  &  Decano  Eboracenfi. 

Eodcm  Modo  Mandaturr.  eft  fulfcriplis,  -vix. 

Epifapii  London.  Winton,  Exon.  Wygorn.  Lyncoln.  EI«n.  Sarum, 
Covent.  &  Lich.  &  Ciceftren.  ElecJo  Bath.  &  Welles,  Decants  Exon.  dt 
Welles,  Sacum,  &  Lyncoln. 

In  Fotma  pra-diffa  fcriiitur  Albatibui  £f  Prior  ilus  fultfcriftii 
Jub  bac  das  a, 


Tfjle  Rcgt  apud  Woceftocke  vicejimo  quarto  Di 
jSbbatibus  Sanfti  Edmundi,  de  Waltham,  &  de  San«o  Albano,  ElecJo  dt 
Evefham,  Mbatibut  Weftmonafterienfi,  Glaftonenfj,  de  Reding,  de  Ciren- 
eefter,  &  de  Waverle,  Prhrilw  Elienfi,  Norwjc.  &  de  Merton.  Abbott 
tit  Ofeney,  Priori  S.  FridefwHa:  Oxon.  Abbari  de  MefTenden,  Priori  de 
Lcnton,  Abban  d:  Bello,  Prioribui  Qrdinis  de  Sempringham,  de  Walton, 
&  Holpitalis  S.  Johannis  Jtnfakm  in  AnCKa,  Magiflro  Militia  Terapli 
in  Anglu,  Abba'.ibui  Ramcfirnfi.  de  Burgo,  de  Thorncy,  de  Crouland, 
Ceftriz,  Salop,  de  Hulmo,  dt  Bardenei,  c2?  de  Cokeftre,  Priori  de  Dun- 
Aaplc,  Abbatibut  de  Bello  loco,  Farco  ludc,  Stwlegh,  Lillefhul,  &  Bit- 
tlci'den,  Prioribut  de  Beuver,  if  de  Lentoa,  Abbati  ^Clervaus,  Priori  dc 
Stodcle'y,  Abbatibut  S.  Aus'-iHini  Caniuar.  Sf  de  Certefli';,  Priori  S.  Tri- 
r.  Abbatibut  d:  Hia'i  juxT.  Winion.  Middleton,  Cej-ne,  Ab- 


ii.  . 

boteibuiie,  £f  Taviftolte,  frit,,'.  A-   Huntingdcn,  AiLa^tus  de  Suleby, 

Warden, 


70  The  Parliamentary  HISTORY 

KingHwy  HI.  Troubles-at  that  Time  prevented  it.     But  in  the  next 
Year,   1265,  and  the  49th  of  King  Henry  III.  was  the. 
f  71  ]      famous  Parliament  called  ;  which,  with  another  in  the 
1 8th  of  Edward  I.  were  certainly  the  Models,  or  Pat- 
terns, of  our  prefent  Englijb  Parliaments. 

The 

Wardon,  S  Jacob!  Northamp  Leiceftre.  £f  Kitkeftet,  Prionlus  ^Eton, 
&  Cruce  Royfia,  Abbatibus  de  Kirkeftal,  S'Tame,  Prioribus  de  Bermon- 
deffie,  &  Bernwell,  Abbatibus  de  Meriavall,  S.  Auguftini,  Briftol.  de 
Malmefburie,  Michaelnei,  Abindon,  S.  Petri  Glouc  de  Perfhore,  &  da, 
Wynchecurribe,  Prioribiis  ^Coventr.  Sanclo  Neoto,  £?  S.  Swithini  Wyn- 
ton,  Abbati  de  Lefnes,  Prioribus  de  Leedes,  Landa,  Spalding,  S.  Barthol. 
London,  &  de  Kenelworth,  Abbatibus  de  Ofolveftone,  £f//«  Teukefburie, 
Priori  de  Finfheved,  Abbatibiti  Mjddletone,  dc  Valladei,  &  de  Cioxton. 

Item,  in  Forma  pradifla  Mandatum  eft  Comitibus  &  aliis  fubfcriptis, 
Dot.  apud  Wodeftocke.  24  Die  Decembris. 

Comitibus  Leiceflr.  Glouceftr.  Norrolc  &  Marefcallo  Angliae,  Oxonienfi, 
Gf  Derb.  Rad.  de  Camoys,  Rogcro  de  S.  Johanne  Hugoni  de  le  Spenfer, 
Juflic.  Angliae,  Johanni  Filio  Johannis  Willielmo  de  Munchenfy ,  Nichulao 
de  Segiave,  Johan-i  de  Vefcy  Radulpho  Baflet,  (d(  Dray  ton)  ^enrico  de 
Haftings,  Galfr -do  de  Lucy,  Roberto  de  Ros,  Johanni  de  Eyvill.  Ads  dt 
Novomercato,  Waltero  de  t'olevill,  Willielmo  Marmyun,  Rogero  Bertram, 
Radulpho  Baflet,  (de  Sapcote)  Gilberto  de  Gaunt. 

Item,  Mandatum  eft  Jir^u/is  Vicecomitibus  per  Angliam,  quod  venirefaciant 
Duos  MlHTES  de  LegaLoribus  &  Dtfcretioribut  Militibus  fingulorum  Co-- 
mitaluum,  ad  Rcgem  Lend,  in  Ocliab  prtediflii  in  Forma  Jupradifla. 

Item,  in  Forma  pradiRa  fcriHtur  Ci-vibui  Ebor.  Civibus  Lincoln  &  cate- 
rit  Burgis  Anglise,  quod  mittant  inFormapradifia  Duos  a*  Difcretioribut 
fly  Legalioribus  6f  Probioribus  tarn  Civi^us  quam  BURGBNSIBUS  fiiis* 

Item,  in  Forma  prtedifia  Mandatum  ejl  Baronibus  &  Probis  Homixibut 
f$ainfve  Portuum,  front  connnetur  in  Brevi  irrotulato  inferius, 

Rex  Vicccomiti  Safiex,  Saluttm. 

Summonito  per  quatuor  Legaliorei  Milites  de  Cemitatu  tuo  pradiao  Petrura 
de  Sabaudia  apud  Pevenfeiam,  Johannem  de  Warrena  a/W Lewes,  &  Hu- 
gpnem  de  Bygo  d  apud  Bofeham,  quod  Jint  coram  Nobii,  &  Ccn/ilio  ncfiro,  in 
proximo  Parliament  nojiro  Lond.  primo  Die  Junii,  Jufticiam  faEluri  & 
recepturi. 

Et  in  plena  Comitatu  tuo  proclamart  facias,  qucd  quicunque  ad  Opus  prre- 
diftorum  Pctri  Johannis  &  Hugonis  interim  procurare  feu  impetrare  -voluerit 
fah'um  6f  fecurum  CenduBum  noftrum  ad  Nos  -vemendt,  morandi,  &  Jlandi 
refft  in  Curia  noftra,  fi  quit  -verfus  eos  kqui  voluerit  fecure  venial.  Et  A'os 
Conduffum  bujufmod,  ei  fieri  faciamui.  Et  habeas  ibi  Ncmina  aqatuor  Mi- 
titum  Sf  hoc  breve. 

Tcflc  Rege  apud  Weftmon. 

Per  CoaJUtum, 

Eodem  Modo  Mandatum  eft  Kcecomiti  Hertfordia  de  Summon,  W,  d* 
Vakncc  apud  Brekendon, 

Per  totum  Ccnji/ium, 


of   E  N  GL  AN  D.  71 

The  Bufinefs  of  this  Parliament  was  chiefly  to  treat  King  Bony  in. 


about  Prince  Edward's  Releafe,  at  that  Time  a  Prilbner 


[  7*3 


in  Dover  Caftle.     But,  whatever  elfe  was  done  at  it, 

this  was  not  effected,  for  he  was  not  releafed  untiil  Anno  Regn;  ^ 

fome  Time  following,  and  then  was  but  a  Prifoner  at        1265. 

large,    carried   about  by   Montfort^    with  his  Father, 

wherefoever  he  went,  who  now  directed  all  the  Affairs 

of  the  Kingdom  at  his  own  Pleafure.     But  Prince  Ed-  A 

ward  having  found  Means  to  efcape,  foon  raifed  an  Ar-1 

my,  and,  by  a  matchlefs  Piece  of  Conduct,  came  upon 

the  Earl  of  Leicejier  and  his  Forces,  near  Evejbajny  in 

Worcefittjbirei  routed  them,  flew  the  Earl  and  his  eldefl 

Son,  with  many  more  Barons,  and  releafed  his  Father 

from  a  Bondage  worfe  than  Death  m. 

Thus  did  this  ambitious  Earl  and  his  Adherents,  by 
grafping  at  too  much,  lofe  all ;  and  the  great  Conceffions 
they  had  gained  were  levelled  with  the  Ground.     The 
Battle  was  fought  on  the  5th  of  Augujl,  this  Year,  and 
on  the  8th  of  September  following  the  King  called  a^g  K;n(,  caj 
Parliament  to  meet  at  Wincbefter  ;  where,  by  their  Ad- a  Parliament, 
vice,  the  Liberties  of  the  City  of  London  were  feized, 
and  the  greateft  Offenders  committed  to  Pnfon,  to  l»       jfg**"4 
punifhed   at   the  King's  Pleafure n.     This  Parliament 
gave  the  King  alfo  all  the  Rebels  Lands  ;  and,  by  their  At  H  nchejler 
Advice,  he  appointed  two  CommifTioners  in  each  Coun- 
ty, who,  with  the  Sheriffs,  were  to  extend  them,  and       C  73  J 
return  the  Extent,  with  the  Names  of  the  Lands,  and 
their  Owners,  to  him  at  Wejimin/hr^  by  the    I3th  of 
October  following  °.     The  Commiffion   bears  Date  at 
Winchejler^  Sept.  21  ;  and  Paris  adds,  That  the  King 
disinherited   all  thofe  that  flood  for  Montfort  againft 
him,  and  gave  their  Lands  to  thofe  who  had  faithfully 
ferved  him. 

This  fevere  Sentence  of  the  Earl  of  Leicefter's  Fol- 
lowers was  ftriclly  put  in  Execution  ;  but  the  Cry  of  the 
Sufferers  was  fo  great,  that  it  induced  the  Pope's  Legate, 
Ottobonii  then  in  England,  to  take  their  Cafe  into  his 
Protection.  To  this  Purpofe  he  requefled  the  King  to 

call 

m  The  King  had  like  to  have  been  (lain  himfrlf  at  this  Battle,  being 
v  wounded  by  a  Dart  thrown  at  him  by  Mifi.ike  ;  the  Eatl  having 
:n  to  be  dreffed  that  Day  in  a  Suit  of  his  own  Aimour.  Knygblon. 

n  Ob  fuam  Rcbellioncm.      M.  Varis. 

o  See  the  Form  of  the  Writ  of  Summons  at  large  in  Dr.  Brady's  dp- 
jvxj:.*,  N°.  223.  Lx.  I'it.  49  U.  1U.  m.  8.  dortb, 


~2  'The  Parliamentary  HISTORY 

King  Henry  III.  call  a  Parliament,  which  he  granted,  and  it  was  fum- 
moned  to  meet  ztKenelwortb,  Aueujl  22,  I266p.  Here 
Ann°  ^6e|ni  5°-  jt  was  agreed,  by  the  common  Aflent  of  the  Bifhops, 
Abbots,  Priors,  Earls,  Barons,  and  all  others,  (we  find 
At  Kenckvortb.  the  Commons  here,  if  they  met,  but  {lightly  mention'd) 
that  fix  Perfons,  viz.  The  Bifhop  of  Exeter,  the  Bifhop 
of  Bath,  the  Biftiop  Elect  of  Worcefler,  Sir  Alan  Zoucb, 
Sir  £oger  de  Sumery,  and  Sir  Robtrt  Wahrand,  by  their 
Oaths  there  made,  fhould  chufe  fix  others,  who  would, 
according:  to  their  Judgments,  do  the  beft  for  the  Secu- 
rity and  Peace  of  the  Land.  To  thefe  Twelve  were 
committed  the  Cafe  and  Fa£ts  of  the  Difmherited,  with 
full  Power  from  the  King  and  Parliament  to  hear  and 
determine  all  Matters  concerning  them  ;  which  Deter- 
mination was  called  the  Difium  de  Kenelwortb.  If  there 
arofe  any  Difference  between  the  Twelve,  that  wa3 
only  to  ftand  good  and  firm  which  received  the  Affent 
and  Approbation  of  the  Legate  and  Henry ,  Son  to  the 
King  of  the  Romans;  and  they  were  to  finifti  their  Work 
by  the  Feaft  of  All  Saints. 

This  Determination  and  Award  was  made  to  better 
the  Condition  of  the  Difmherited,  and  to  turn  the  For- 
feitures and  Lofs  of  their  Eftates  into  a  Cornpofition  for 
them  ;  and  therefore, 

'  All  who  began  the  War  and  perfevered  in  it  ; 

*  All  who  violently  and  malicioufly  kept  Northampton 
e  againft  the  King ; 
r  - ,  -i  '  All  that  fought  againft  the  King  at  Lewes ; 

c  All  that  were  taken  at  Kenelworth  under  the  Com- 
^  mand  of  young  Simon  Mont  fort,  had  plundered  IVin- 
*  che/ier,  or  were  in  any  other  Place  againft  the  King, 
'  which  he  had  not  pardoned  ; 

'  All  fighting  againft  him  at  Eve/bam  ; 

'  All  that  were  in  the  Fight  at  Chefterfield; 

'  All  that  freely  fent  their  Seivice,  that  is,  Horfe  and 
'  Arms,  againft  the  King  or  his  Son; 

'  All  Bailiffs  and  Servants  of  the  Earl  ofLeicefter^  that 
4  plundered  their  Neighbours,  burnt  their  Houfes,  or 
'  killed  them,  or  did  any  other  Mifchief ; 

Should  pay  five  Years  Rents  of  their  Lands,  and  if 
they  paid  it,  they  were  to  have  their  Land  again.  The 
Money  was  to  be  paid  at  two  or  three  fhort  'Payments, 

and 

*>  Pat.  50  H,  III,  m.  9.  dorfo. 


of   E  N  G  L  A  N  D.  73 

and  if  they  paid  the  whole,  then  all  their  Land  was  de-  King  Henry  111. 
livered;  if  half,  then  half  j  if  a  third  Part,  then  equal; 
and  if  they  were  not  able  to  pay,  the  Lands  were  to  re- 
main in  the  Hands  the  King  had  given  them  to,  till  the 
Money  was  raifed  ;  and  out  of  .thefe  Compofitions,  by 
the  Perfuafions  of  the  Arbitrators,  the  King  was  to  gra- 
tify his  own  Friends. 

'The  Earl  Fsrrers  and  Henry  Hajlings  were  to  pay 
feven  Years  Profits  of  their  Lands. 

Thofe  who  had  committed  lefler  Crimes  than  the 
above  recited,  compounded;  or  were  fined  three  Years, 
two  Years,  one  Year,  or  half  a  Year's  Rent  of  their 
Lands,  according  to  the  Nature  of  their  Offences  j  thole 
that  had  no  Lands  were  fined  in  Goods. 

All  Obligations,  Writings,  or  Inftruments,  made  by 
the  King,  or  his  Son,  concerning  the  Oxford  Provifions, 
or  made  or  entered  into  by  any  of  the  King's  faithful 
Subjects,  by  reafon  of  the  Troubles,  were  made  null  and 
void  by  this  Award:  Whereby  it  was  declared,  that  the 
King  might  and  ought  to  exercife  his  Royal  Power  and 
Authority,  without  the  Let  or  Contradiction  of  any  one ; 
by  which,  contrary  to  the  Laws  and  Cuftoms  of  the 
Land,  which  had  long  fubfifted,  his  Royal  Dignity 
might  have  been  injured  ;  yet  the  Great  Charter,  and 
the  Charter  of  the  Foreft,  were  to  remain  in  full  Force 
by  this  Judgment. 

The  Commiffioners  alfo  requefted  the  King  and  Le- 
gate, that,  under  Danger  of  Corporal  Punimment  and       [  75  J 
Kcclefiaftic  Cenfure,  they  would  ftriclly  forbid  any  to 
fpeak  of  Simon  Montfort  as  a  Saint,  or  to  fpread  the  vain 
and  foolifh  Miracles  reported  of  him. 

They  alfo  humbly  befeeched  the  Legate  to  abfolve 
the  King,  and  all  others  of  the  Kingdom,  both  great  and 
fmall,  from  the  Qaths  they  had  taken  to  obferve  certain 
Charters  concerning  the  Oxford Provifions ;  to  the  Ob- 
fervation  of  which  they  were  bound  by  the  Sentence  of 
Excommunication  pronounced  againft  fuch  as  did  not 
obferve  them. 

This  Award,  or  Difium  de  Kenelwortb,  was  finifhed 
in  the  Caftle  of  Kenelworth  on  the  3ift  of  Oftober,  in 
the  Year  of  Grace  1266,  and  the  5Cth  Year  of  the 
Reign  of  King  Henry* 


74  The  Parliamentary  HISTORY 

Kingflflfiy  HI.     The  Year  after,  1267,  Henry  called  another  Parlia- 
A    oRe    .       ment  to  meet  at  St.  Edmundjbury\  where,  fays  the  Con- 
'"n°ja6^I4I'tinuator  of  Matthew  Paris,  were  fummoned  to  appear, 
the  Earls,  Barons,  Archbifhops,  Bifhops,  Abbots,  and 
bur™  '"all  that  owed  him  Military  Service,  with  their  Horfe 
and  Arms,  to  go  againft  thofe  Rebels  who  had  got  into 
the  Ifle  of  Ely,  and  ftill  held  it  out  againft  him.     This 
is  a  prepofterous  Way  of  fummoning  a  Parliament, 
which  the  Monk  fpeaks  of;  however,  it  is  certain  there 
was  fome  other  Bufinefs  intended  to  be  done  at  this 
Meeting  more  than  going  to  fight:  For  the  fame  Author 
has  given  us  an  exact  Account  of  the  King,  with  the 
Pope's  Legate,  who  was  then  with  him,  and  what  De- 
mands they  made  for  a  Supply  from  the  Clergy,  with 
their  Anfwer  to  each  Article. 

1.  It  was  demanded,  *  That  the  Prelates  and  Rec- 

*  tors  of  Churches  fliould  grant  them  the  Tenths  of  their 

*  Churches  for  three  Years  next  to  come,  and  for  the 
'  Year  laft  paft,  as  they  gave  the  Barons  for  keeping  the 
'  Coafts  againft  the  Invaiions  of  Strangers.'     To  this  it 
was  anfwered,  *  That  the  War  began  by  unreafonable 
'  Defires,  and  did  then  continue,  and  therefore  it  was 
e  neceflary  to  forbear  repeating  the  like  Demands,  and 

*  treat  of  the  Peace  of  the  Kingdom  ;  and  make  Ufe  of 
c  the  Parliament  to  the  Benefit  of  the  Church  and  King- 

[  76  ]  '  dom  ;  and  not  to  extort  Money,  efpecially,  when  the 
'  Nation  was  fo  much  deftroyed  by  the  War,  that,  if 
'  ever,  it  muft  be  a  long  Time  before  it  could  recover, 
«  itfelf. 

2.  They  required,  *  That  the  Churches  might  be 
c  taxed  by  Laymen,  according  to  their  true  and  higheft 
'  Value.'     To  this  it  was  anfwered,  '  That  it  was  not 

*  reafonable,  but  contrary  to  Juftice,  that  Laymen  fliould 

*  meddle  with  collecting  of  Tenths ;  nor  would  they 
'  ever  confent  to  a  new  Way  of  taxing,  but  that  the  old 
«  fhould  ftand. 

3.  '  That  the  Biflbops  and  Abbots  fhould  pay  the 

*  Tenths  of  their  Baronies  and  Lay  Fees,  up  to  their 
'  true  and  higheft  Value.'    Anfwered,  4  That  they  were 
4  impoverimed  by  Depredations  and  Plunderings ;  that 
«  they  followed  the  King  in  his  Expeditions,  and  fpent 
'  fo  much  Money  that  they  were  grown  very  poor,  and 
1  that  their  Lands  laid  uncultivated  by  rcafon  of  the  War. 

4.  It 


.of   ENGLAND.  75 

4.  It  was  demanded,  «  That  the  Clergy,  in  commonyKing  He*ry,\\i* 

*  fhould  give  to  the  King  30,000  Marks  for  the  afore- 
'  faid  Tythes,  which  a  certain  Legate  had  claimed  for 
'  the  Ule  of  the  Court  of  Rome,  for  the  Debts  contract- 
4  ed  in  Sicily,  Apulia,  and  Calabria,  in  the  Name  of  the 

*  Lord  Edmund,  the  King's  Son,  then  prefent.'  Anfwer, 

*  That  they  would  give  nothing,  becaufe  all  thefe  Taxa- 

*  tions  and  Extortions,  firft  made  by  the  King,  were 
4  never  expended  to  the  Ufe  of  the  King  and  Realm0. 

5.  They  required,  '  That  all  Clerks,  holding  Baro- 
4  nies  or  Lay  Fees,  fhould  go  arm'd  in  their  own  Per- 
'  fons  againft  the  King's  Enemies,  or  find  fo  much  Ser- 
c  vice  as  belongs  to  their  Lands  or  Tenements.'     To 
this  they  anfwered,  *  That  they  ought  not  to  fight  with 

*  the  material  but  fpiritual  Sword,  that  is,  with  their. 

*  Prayers  and  Tears :  And  that,  by  their  Benefices  or 
4  Fees,  they  were  bound  to  maintain  Peace,  not  War. 
4  That  they  held  their  Barony  in  Frank  Almoign,  in  pure 
4  Alms,  and  therefore  ow'd  no  Military  Service  but  what 
4  was  certain,  and  would  not  perform  any  that  was  new. 

6.  They  required,  on  the  Pope's  Behalf,  '  That  with 

4  all  Speed  the  Expedition  of  the  Crofs  might  be  preach'd       [77] 

*  through  the  whole  Kingdom.'     To  this  it  was  an- 
fwered, c  That  a  great  Part  of  the  People  had  been 
'  killed  T?y  the  War;  that,  if  now  they  fhould  undertake 

*  the  Cruiade,  few  or  none  would  be  left  to  defend  the 
'  Nation. 

7.  At  laft  it  was  faid,  *  That  the  Prelates  were  abfo- 

*  lutelv  bound  to  comply  with  all  thefe  Demands,  on 

*  the  Oath  which  they  had  taken  at  Coventry,  that  they 

*  would  artift  the  King  by  all  the  Ways  they  were  able.' 
To  this  they  alfo  anfwered,  *  That,  when  they  made 

*  that  Oath,  they  only  meant  it  of  fpiritual  Help  and 
4  wholefome  Counfel.' 

What  was  done  further  at  this  Parliament  we  cannot 
learn  ;  it  does  not  appear  that  there  was  any  Attempt 
made  againft  the  Difmherited  in  the  Ifle  of  Ely ;  only 
they  were  reftrained  from  making  Excurfions  by  the 
Forces  the  King  kept  with  him  at  Cambridge.  It  muft 
be  owned  that  the  Clergy  behaved  themfelves  very 
ftoutly  againft  the  King  and  Legate  at  this  Meeting ; 

but 

0  Pr.  Brady  has  omitted  this  whole  Demand  aftd  Anfwer  in  hisTranl'- 
:  the!e  Articles,  p.  661  j  making  the  fifth  Anicle  the  fourth,  aui 
!o  on  :  Bu:  v;heti«r  by  Defswn  or  not,  let  the  Reader  judge. 


7  6  The  Parliamentary  HISTORY 

King  Henry  III,  jjUt  they  found  Means  afterwards  to  bend  them  by  an  ex- 
prefs  Bull  from  the  Pope,  whereby  he  granted  the  King 
the  Tenths  of  all  Ecclefiaftical  Benefices  whatfoever  for 
three  Years.  This  Bull  was  dated  at  Viterbo,  June  9, 
in  the  ad  Year  of  his  Pontificate,  A.  D.  1267,  the  5ift 
Gi  Henry  III.  and  directed  to  his  Legate  Ottoboni  p. 

In  the  Year  1267  King  Henry  called  the  laft  Parlia- 
ment  in  his  Reign,  being  fummoned  to  meet  at  Marl- 

ough  the  iQth  of  November ;  in  which,  by  the  Aflent 
of  the  Earls  and  Barons,  were  made  the  Statutes  of 
Marlborougby  in  which  a  general  Provifion  for  the  Ob- 
fervance  of  the  two  Great  Charters  was  ordained  q. 

In  the  Year  1272  died  Henry  III.  King  of  England, 
after  having  reigned  fifty-fix  Years  and  twenty  Days, 
and  was  buried  at  Wejlminfter.  «  A  Reign,  fays  an 
'  Hiftorianr,  fo  full  of  remarkable  Contingents,  partly 
*  through  the  Weaknsfs  and  Inconftancy  of  the  Prince, 
'  and  partly  through  the  Pride  and  Impatience  of  a 
(  78  ]  *  ftubborn  Nobility,  that  it  takes  up  a  tenth  Part  of 
'  the  Englifo  Hiftory  from  the  Norman  Conqueft. 

TAXES  in  this  King's  Reign.  s. 

Taxes  during  the  ^  I  ^HE  Parliament  call'd  at  Northampton,  in  the  Year 
Rei?n  of  King     _|_      1 224.,  granted  the  King  two  Shillings  of  every 
Htnry  IIP.         Plough  Land  ;  and  the  King  granted  the  Barons  Scutage, 
two  Marks  of  every  Knight's  Fee.     M.  Paris. 

The  Parliament  call'd  at  Weftminfter  granted  the  King 
a  Fifteenth  of  all  Moveables,  as  well  of  Clergy  as  Laity, 
in  the  whole  Kingdom,  for  the  Grant,  or  Confirmation, 
of  M«gna  Cbarta.  The  fame  Year  there  was  a  fortieth 
Fait  of  all  Moveablcs  granted.  M.  Paris. 

In  the  Year  1226  the  King  wrote  to  his  foreign 
Bifhops  and  Clergy  to  give  him  a  Fifteenth  of  all  their 
Moveables,  as  the  Bifhops  and  Clergy  of  England  had 
then  done.  Pat.  j  I  H.  III.  m.  n. 

The  next  Year  he  compelled  the  City  of  London  to 
pay  him  5000  Marks,  becaule  they  had  given  as  much 

to 

P  Cart.  51  77.  III.  K.  10.  in  fchedula. 

<5  .'iffcnfu  Comitum  &f  Baromtm.    M.  Paris.     See  the  Statutes  at  largi. 
I  Sam.  Daniel's,  K-ftory  cf  Erg/ar.d. 

•  See  a  fuller  Account  of  thcl'c  Taxes  in  Stephens**  Rrya!  Ircafurr  tf 
*«jf.W.  LnJ.  1725. 


of     E  N  G  L  A  N  D.  77 

to  Lewis ,  late  King  of  France,  when  he  left  England  jK'nS  Htnry  HI* 
and  levied  a  Fifteenth,     Y^f.  Paris. 

At  the  fame  Time  he  took  from  the  Burgefles  of 
Northampton  an  Aid  of  I200/.  befides  one  Fifteenth. 

He  likewife  forced  all  religious  and  beneficed  Clerks 
to  pay  a  Fifteenth,  as  well  out  of  their  Spirituals  as 
Temporals ;  and  they  who  were  unwilling  to  pay  were 
compelled  either  by  the  King's  Authority  or  Ecclefia- 
ftical  Cenlures. 

Soon  after  this  the  Religious  and  others  had  Notice, 
that  unlefs  they  renewed  their  Charters  the  old  ones 
fhould  be  of  no  Advantage  to  them;  and  for  the  Re- 
newal every  one  paid  according  to  his  Faculty,  at  the 
Difcretion  of  the  Judiciary.  M.  Paris. 

In  the  Year  1230  Archbifliops,  Bifhops,  Abbots,  and 
Priors  gave  a  great  Sum  of  Money  for  recovering  his 
Rights  beyond  Sea.  At  the  fame  Time  he  put  the 
Citizens  of  London  to  grievous  Redemption,  and  forced 
the  Jews  to  pay  him  a  third  Part  of  what  they  were 
worth.  M.  Paris. 

In  the  Year  1231  the  King  required  a  Scutage  of      [  70  1 
three  Marks  of  every  Knight's  Fee,  of  all  that  held 
Baronies,  as  well  Prelates  as  Laics:  This  was  oppofed 
by  the  Archbifhop  of  Canterbury  r  and  fome  other  Bi- 
fhops, but  was  agreed  to  by  all  the  others.     M.  Paris. 

In  a  Parliament  held  at  Lambeth,  in  the  Year  1232, 
a  fortieth  Part  of  all  Moveables,  as  well  of  Ecclefiaftics 
as  Laics,  was  granted  to  the  King,  and  was  colle&ed 
very  foori  after.  M.  Paris. 

In  the  Year  1235  he  had  two  Marks  of  every  Plough 
Land,  for  the  Marriage  of  Ij'abel  his  Sifter  \.Q  Frederic^ 
Emperor  of  Germany,  and  gave  with  her  30,000  Marks 
for  her  Portion.  Clauf.  21  H.  III.  m.  I.  &  m.  21.  dorf. 

In  the  Year  1237  a  thirtieth  Part  of  all  Moveables 
was  granted  to  the  King.  M.  Paris. 

In  the  Year  1242  the  King  requir'd  a  Scutage  of  three 
Marks  from  every  Knight's  Fee  through  all  England. 
So  M.  Paris ;  but  others  fay  only  twenty  Shillings. 

In  a  Parliament  held  at  London,  in  the  Year  1244, 
twenty  Shillings  of  every  Knight's  Fee  was  granted  to  the 
King  for  the  Marriage  of  his  eldeft  Daughter.  M.  Paris, 

t  ftcbrd  Wttbtrtlnd.  I« 


The  Parliamentary  HISTORY 

In  the  Year  1253  the  Clergy  granted  the  Tenth  of  all 
Ecclefiaftical  Revenues  for  three  Years,  and  the  Nobi- 
lity three  Marks  of  every  Knight's  Fee,  for  the  Relief  of 
the  Holy  Land,  on  the  King's  Confirmation  of  Magna 
Charts.  M.  Paris. 

In  the  Year  1267  three  Years  Tenths  of  allChurch 
Revenues  were  granted  to  the  King  by  the  Pope.  Cart. 
5 1  //.III.  m.  10.  fched. 

And  in  the  Year  1270  a  twentieth  Part  v/as  granted 
the  King.  Cl.  54  H.  III.  m.  n.  dorfo. 

[  80  ]  TfDWARD,  the  firft  of  that  Name  after  the  Con- 
•*-*  queft,  was  in  the  Holy  Land  at  the  Time  of  the 
Death  of  his  Father  King  Henry  ill.  However,  he  was 
peaceably  proclaimed  and  recognized  King  of  England  t 
&c.  and,  at  his  coming  into  the  Kingdom,  was  crowned 
at  Weftminfter*  with  the  ufual  Ceremonies,  Augujl  19, 
1274;  near  a  Year  and  a  Half  after  the  Death  of  his 
Father,  he  being  then  juft  thirty- five  Years  of  Age. 

We  now  come  to  a  Reign,  in  which  we  (hall  give  the 
Hiftory  si  Parliaments  undoubtedly  compofed  of  Repre- 
fentatives  of  the  Counties,  Cities,  and  Boroughs,  as  well 
as  the  higher  Eftates  of  the  Realm.  Montf art's  Con- 
vention, where  though  the  Commons  were  introduced  to 
make  his  Caufe  more  popular,  yet  we  doubt  whether 
that  Meeting  can  be  filled  a  Parliament,  which  was 
called  together  by  the  Earl  of  Leicefter's  own  Authority, 
the  King  a  Prifoner,  and  the  Realm  under  an  abiblute 
Ufurpation.  But,  however  that  Meeting  may  be  thought 
of  by  fome,  yet  all  muft  grant  that  Mont  fort's  Conduit, 
in  this  Particular,  was  highly  approved  of;  fmce  to  what 
he  then  did  may  be  owing  the  Rife  and  Model,  with 
ibme  Alterations,  of  all  fucceeding  Parliaments. 

The  State  of  the  Tranfa&ions  on  the  Death  of  the 
laft  King  appears  to  be  thus :  He  died  Nov.  16,  1272, 
his  Sons,  Edward  and  Edmund,  were  then  abroad. 
The  preceding  Troubles  put  every  Wellwifhcr  to  his 
Country  upon  taking  all  neceffary  Steps  to  preferve  the 
Peace  and  Tranquillity  of  the  Kingdom  ;  and  therefore, 
immediately  after  the  King's  Funeral,  Nov.  20,  accord- 
ing to  Mat.  Wejlmlnfter,  or  before,  by  the  Annals  of 
Worcefter^  which  end  in  1307,  the  Earl  of  Glou.ee/ier 

and 


of    E  N  G  L  AND.  79 

and  other  Lords  ",  then  prefent,  took  an  Oath  to  pre-  King  Ed-ward  I. 
ferve  the  Peace  of  the  Kingdom  to  the  utmoft  of  their 
Power,  and  to  jpear  faithful  Allegiance  to  the  abient 
Kin--'. 

The  Parliamentary  Records  being  almofi  all  loft,  or 
deftroyed,  about  this  Time,  we  can  have  but  fmall  Aflift- 
ance  from  them  ;  our  Recourfe  therefore  muft  be  chiefly 
to  the  old  Monkifh  Writers  of  this  Age,  who,  tho'  not  fo 
exact  as  the  others,  yet  the  whole  Body  of  our  Hiftorians, 
hitherto,  have  allowed  of  their  Teftimonies,  where  bet- 
ter could  not  be  found.  However,  we  are  not  altogether  ' 
without  our  own  Vouchers,  as  the  Sequence  will  ihew  ; 
and  particularly  in  this  next  Parliament,  where  the  Acts 
made  by  them  are  frill  preferred,  and  ftand  the  firft  in 

all  Editions  of  our  Statutes  at  large. But  to  proceed 

with  our  Hiftory. 

Edward  being  returned  to  his  own  Dominions,  and 
his  Coronation  performed,  foon  after  thought  fit  to  call 
a  Parliament,  in  order  to  redrefs  many  Grievances  and 
Enormities  which  had  crept  into  the  State  during  the 
late  Civil  Wars,  his  Father's  Death,  and  his  own  long 
Abfence  from  the  Kingdom.  This  Parliament  was 
fummoncd  to  meet  Ad  quindenam^Fefti  Purif.  Beatts 
Firginis  Maria ',  Feb.  1 6.  Here  we  have  the  Commons 
called  up  to  it,  as  plainly  appears  by  the  Preamble  to  the 
Statutes  of  Wejlminjhr  the  Firft:,  as  they  are  ftiled  by 
the  Lawyers,  which  welhall  give  in  the  Sequel  \  but  how 
they  were  elected  to  it,  does  not  fo  evidently  appear. 

It  was  in  this  Parliament  that  the  feveral  Summons 
Which  the  King  had  fent  to  Lewelhn,  Prince  of  Walesy 
to  come  and  do  Homage  to  him  as  his  Vaffal  and  Sub- 
ject, were  recited.  Rymer  in  the  Feeder  a  Anglic.  Tom.  IT. 

p.  68, 

u  Walter  Giffard,  Archbifhop  of  York')  Edmund Plantagertet,  Earl  of 
Cornwall,  Son  to  Richard  who  was  Brother  to  King  Henry  HI.  and  G;7- 
bert  de  Clare,  Earl  of  Gloucefter.  Mat.  Weft. 

w  Poftmodum  ad  no-vum  Temflum  Londini  Nobi  Lores  Regni  pariter  con- 
venerunt,  et  faflo  Sigillo  novo,  conjlituerunt  Cuftcdet  f deles  et  tnitiiftroif 
yui  Tbefaurum  Regis  et  Pacem  Rfgni  fdeliter  cuflodirer.t.  Mat.  Weft. 

Die  proximo  poft  Patris  ejus  Sepu/turam  Pater  Robertus  Kyi  ward  bey, 
drchiep.  Cant.  &c.  afud  r.wum  T'tmplum  con-venerunt,  &c.  et  de  djjenfu 

Matrn  Regintf  Jiatuerunt  Cujiodcs  Regni,  &c.  Walfing.  N.  Trivet. 

But  our  Author  rnuft  be  milljken  in  his  Archbifhop,  lor  Robert  Kifattard- 
bey,  though  he  had  been  named  by  the  Pope  at  Rome  to  the  See  of  Canter- 
bury in  Qflobir  before,  yet  he  had  not  taken  PolTelTion  of  it  at  that  Time. 
It  were  the  Nobles  mentioned  in  the  foregoing  Note  (*)  that  iffued  out 
the  Writ  in  the  King's  Nan:c,  de  Ptice  Urgis  preclar.ar.da,  which  is  in  Ry- 
Kfr's  Feed,  dated  A"«v,  2^. 


8o  *The  Parliamentary  HISTORY 

King£aW-</I.p.  68,  has  given  us  a  Lift  of  them,  by  which  it  appears, 
That  however  hard  this  Prince's  Fate  might  feem  after- 
wards, yet  it  cannot  be  denied  but  that  he  had  fair 
Warning  to  avoid  it.  For  Fear  of  breaking  the  Thread 
of  our  Hiftory,  we  chufe  to  give  them  by  Way  of  Note, 
as  under1. 

There  is  no  Doubt  but  thefe  feveral  Summons  were 
read  in  the  firft  Meeting  of  this  Parliament,  but  what 
was  then  refolved  upon  about  them  does  not  appear. 
It  is  probable  the  more  important  Affairs  of  the  State 
called  firft  for  Amendment :  And  indeed  many  excellent 
Laws  were  enacted  by  this  Parliament  for  fecuring  the 
Peace  and  Liberties  of  the  People,  as  well  as  the  Im- 
jnunities  of  the  Church,  and  Privileges  of  the  Clergy  ; 
but  whether  in  the  firft  or  fecond  Seflion  of  it,  ib  not 
certain.  They  fat  but  a  fmall  Time  ;  for  they  met  about 
Candlemas^  and  were  prorogued  to  the  22d  of  April  fol- 
lowing, 1275.  b. 

AnnoRegnij.       At  the  next  Meeting  of  this  Parliament,  the  Affair 
1275'        of  the  Jews,  then  in  England^  was  taken  into  Confidera- 
f}efi  tion,  and  feveral  Laws  were  made  to  reftrain  the  ex- 
ceffive  Ufury  of  them  ;  and  it  was  alfo  enacted,  That 
«-        J      they  fhould  wear  a  Badge  upon  their  Upper  Garments, 
in  the  Shape  of  the  two  Tables  of  Mojeis  Law  c.     On 

the 

a  I.  A  Summons  by  Walter  of  Merton,  dated  ATc-v.  29,  1272,  recitmg, 
That  the  Prelates,  Barons,  &c.  in  Wales,  had  done  Homage,  and  empow- 
ering two  Abbots,  of  Dare  and  Hajbemen,  to  receive  his  Homage.  Rymert 
Tom.  II.  p.  z. 

There  is  alfo  a  Letter  from  the  Abbots,  certifying  that  they  went  to 
Montgomery,  &c.  but  that  the  Prince  did  not  come.  Ibid  p.  3 

•X..  Orders  to  William  de  Bella  Can:po,  Comes  IVaricic,  to  be  at  Montgo- 
Tiiry  on  the  next  Sunday  after  the  Feaft  of  St.  Philip  and  Jacsb,  dated  at 
Weftminjltr,  April  14,  1274. 

3.  After  his  Coronation,  (Avg:<Jl  19,  1274)  and  he  cnrr.c  not  within  a 
Year. 

4.  A  Summons  to  him  to  appear  and  do  Homage  to  the  King  at  Skrrtvf- 
lury,  on  the  Sunday  after  the  Feaft  of  St.  Attdre^v,  1274,  dated  at  AVri-- 
tmpton,  No-v  3.     Ibid.  p.  41. 

The  King  falling  ill  put  oft' the  Time,  as  appears  by  his  Wik,  dated  at 
Clyve,  Nov.  22,  1274.  Anno  Rcgni  3.  Ibid. 

b  CraJ}.  Ctauf.  Pafcb.  and  Eafter-Vtai,  is  much  ihe  fame.  Eajter-Day, 
that  Year,  was  April  14.  The  Date  in  Hawkins's  Statutes  is  April  25  5 
but  it  fhould  rather  have  been  the  22d. 

There  is  a  Writ  in  Prynne's  Parliamentary  Cdtfflions,  p'.  180,  dated  at 
Weftmlnfltr,  July  24,  Anno  Rcgni  4,  Edtu.  I.  referring  to  a  Law  made  in 
this  firft  Parliament. 

=   Ad  unius  Palm*  Longitudincm.     Mat.  Weflminftrr. 

There  is  in  Prynnc,  p.  239,  from  clauf.  4  Edto.  \.  m.  6,  a  Proclama- 
tion enjoining  the  Jew  Women  alfo  to  wear  that  Badge. 


^ENGLAND.  81 

the  i8th  of  the  fame  Month  they  met  again,  and  grant- Kin£  Edmardl» 
ed  the  King  a  Fifteenth  upon  the  Clergy  and  Laity,  by 
the  common  Confent  of  the  Archbifhops,  Bifliops,  Earls, 
and  Barons c.  This  Money,  or  Subfidy,  was  given, 
fays  one  Author  d,  to  defray  the  Expence  of  the  King's 
Crufade  :  Another  writes,  That  it  was  faid  by  fome  to 
be  for  Novelty  Sake,  or  for  a  good  Beginning e.  How- 
ever, Dr.  Brady  has  publifhed  an  Aft  of  the  King's, 
whereby  he  declares,  That  this  Gift  of  the  Clergy  pro- 
ceeded only  from  their  free  Good-will,  and  that  itfhould 
not  be  drawn  into  Confequence  for  the  future. 

The  King  had  done  the  Merchants  fome  fignal  Ser- 
vice, in  a  late  Treaty,  as  he  came  home  through  Flan- 
ders ;  and  in  his  Care  now  of  their  Interefts,  in  fuppref- 
fmg  illegal  and  exceffive  Tolls,  arbitrarily  exacted  from 
them  in  moll  Parts  of  the  Realm  j  they  therefore  volun- 
tarily taxed  themfelves  to  Half  a  Maik  on  every  Sack 
of  Wool,  and  a  Mark  on  300  Skins,  and  on  a  Laft  of 
Leather,  throughout  England  and  Ireland,  for  Wales 
was  not  conquered  at  that  Time,  and  granted  it  to  the 
King  and  his  Heirs  for  everf.  This  Contribution  they 
got  confirmed  by  this  Parliament,  and  it  was  called  the 
New  Cuftom^  in  Diftin&ion  to  one  that  had  been  Part 
of  the  antient  Revenue  of  the  Crown. 

What  is  before  faid  relating  to  the  Commons  being 
call'd  to  this  Parliament,  befides  the  undoubted  Authority 
of  the  Preamble  to  the  Statutes  made  in  it,  it  is  farther 
confirmed  by  the  Teftimony  of  two  antient  Monaflic 
Hiftories,  the  Annals  of  JVorcefter^  and  thofe  oilf^aver- 
/r,1,  who  exprefiy  tell  us,  That  they  were  compofed 
of  the  Archiepifcopi)  Epifcopi,  Comites,  Barones^  Abbotes^ 
€t  Priores,  et  de  quolibet  Cemitatu  quatuor  Milites,  et  de 
qualibet  Civitate  quatuor.  By  this  it  appears  that  there 
were  no  Reprefentatives  of  the  Boroughs  in  it,  though 
modern  Hiftorians  have  faid  fo  ;  and  therefore  was  not 
fimilar  to  Montforfs  Parliament,  neither  in  the  Places 
fending,  nor  the  Number  fent.  We  fhall  conclude  this 
Affair,  by  giving  the  Preamble  to  the  Statutes  of  IVeJl- 

VOL.  I.  F  minjltr 

c  Anrial.  Waver!. 

d  Chron.  T.  Wykes. 

e  NwitatiiCaufa.     Anual.  Waverl. 

(  Pat.  3  Edw,  1.  jn.  I.    Rot,  Fin,  3  Ed<w,  I.  m.  24* 


$2  ¥be  Parliamentary  HISTORY 

King  Edward  I.  minfler  the  Firft,  which  our  Lawyers  have  divided  in- 
to fifty -one  Chapters  *. 

Anno  Regni  4,  The  next  Year,  1 276,  this  King  conven'd  his  Nobles, 
iz76.  &Ct  again  to  Wejlminjier,  on  the  Affair  of  Lewellyn  ; 

tit  Wejlminfltr.  they  met  at  Weftmmfter^Oftober  18,  or  about  the Feaft 
of  St.  Luke  h,  1276.  And  that  they  confifted  of  the  fame 
Members  as  the  laft,  appears  from  a  Patent  to  the  Arch- 
bifliop  of  Canterbury ',  which  recites  Comites,  Barones,  ac 
alii  Magnates*  et  Communitas  Regni  noflri *.  In  this 
Parliament  feveral  more  Summons,  which  had  been  fent 
to  the  Prince  of  Wales  fince  th<?Mfeeting  of  the  laft,  were 
again  recited  ;  to  which  he  never  appeared,  but  fent  idle 
and  frivolous  Excufes,  nay,  fometimes  infolent  ones,  in- 
ftead  of  coming.  Upon  which  the  Archbifhops,  Bifhops, 
and  other  Prelates,  with  the  Earls,  Barons,  &c.  defir'd 
the  King  would  give  them  Leave  to  fend  to  him  to  per- 
fuade  him  to  come;  to  this  the  King  acquiefced,  and 
they  accordingly  fent  the  Archdeacon  of  Canterbury,  but 
to  no  Purpofe :  But  about  a  Fortnight  after  MichaeftiMs, 
that  Year,  Lewellyn  fignified  to  the  King  that  he  would 
come  to  Montgomery  to  do  Homage,  provided  the  King 
would  give  him  Safe-Conduct,  by  the  Archbifhop  of 
Canterbury,  &c.  This  Letter  was  looked  upon  to  be  fo 
infolent,  that  it  was  agreed  by  all  prefent,  That  the  King 

fhould 

g  The  Preamble  to  thefe  Statutes  is  as  follows  :  Thefe  be  the  Adls  of 

*  King  Ed-ward,  Son  to  King  Henry,  made  at  Weftminfter,  at  his  firft  Par- 
4  liament  general  after  his  Coronation,  on  the  Monday  of  Eafter-Utas,  in 
'  the  third  Year  of  his  Reign,  by  his  Council,  and  by  the  Aflent  of  the 

*  Archbifhops,  Bifhops    Abbots,  Priors,  Earls,  Barons,  and  all  the  Com- 
'  monalty  of  the  Realm,  being  thither  fummoned  j   becanfe  our  Lord. the 
'  King  had  great  Zeal  and  Defire  to  redrefs  the  State  of  the  Reajm  in  fuch 
'  Things  as  required  Amendment,  for  the  common  Profit  of  Holy  Church 
«  and  of  the  Realm.     And  becaufe  the  State  of  Holy  Church  had  been 
'  evil  kept,  and  the  Prelates  and  Religious  Perfons  of  the  Land  grieved 
'  many  Ways,  and  the  People  otherwife  intreated  than  they  ought  to  be, 
'  and  the  Peace  lefs  kept,  and  .the  Laws  lefs  afed,  and  the  Offenders  lefs 
«  puniftied  than  they  ought  to  be,  by  reafon  whereof  the  People  feared  lefs 

*  to   offend  ;  the  King  hath  ordained   and  eftafcli/hed  thefe  Acls  under- 
'  written,  which  he  intendeth  fhould  be  neceflary  and  profitable  to  the 
'  whole  Realm.'     Vide  Cbron.  T.  Wykes,  fub  hoc  Anno. 

Befides  the  Statutes  at  large,  fee  a  Detail  of  thefe  Laws  in  Lord  Cole's 
Jnflituus,  Part  II.  p.  156,  £fc. 

h  Annal.  Wa-verl  Wygorn.  In  quindeva  S.  Michael.  WyTta.  You  have, 
in  Archbifhop  Wake's  Appendix,  No.  14.  the  Archbifhop  of  TorFs  A  p- 
.  pointment  of  his  Proxy,  dated  at  Ballon  jr.  Cra-ven,  Non.  Of}.  1276.  We 
mention  this,  becaufe  it  is  the  firft  Proxy  we  have  yet  met  with. 

i  Dat.  W*p».  Nov.  i,  Pat,  4£J.  I.  m,  6.  Prynnis  Call.  p.  179. 


of   E  N  G  L  A  N  D.  gj 

Ihould  not  admit  of  Lewellyn's  Excufes ;  but  proceed  King  Edwrdl, 
againft  him  as  a  Rebel  k. 

It  is  faid  that  in  this  Parliament  the  Fifteenth  granted 
by  the  laif.  was  ordered  to  be  levied,  but  whether  then 
or  before,  is  very  uncertain,  becaufe  our  oldeft  Hifto- 
rians  contradict  one  another  hereabouts  ftrangely,  both 
in  jumbling  the  Parliaments  together,  and  in  different 
Dates,  that  nothing  certain  can  be  got  out  of  them. 
The  Tax  of  a  Fifteenth  is  faid,  by  fome,  to  be  laid  on 
Clergy  and  Laity  jointly,  whilft  the  dnnals  of  Waverley 
mention  the  Lay  Pofleffions  only ;  but  are  very  parti- 
cular in  their  Account  of  this  Tax,  and  mention  ex- 
adly  what  their  Part  of  the  Fifteenth  amounted  to. 

As  we  fhall  have  Occafion  to  make  frequent  Men- 
tion of  thefe  Taxes  in  the  Progrefs  of  this  Work,  it  may 
not  be  thought  improper  to  give  an  Explanation  of  them, 
in  this  Place. 

Our  ableft  Lawyers  have  been  puzzled  about  the 
Manner  how  thefe  Tenths  and  Fifteenths  were  collected; 
what  we  have  met  with  relating  to  that  Affair  is  not 
intirely  fatisfa&ory  ;  becaufe,  we  prefume,  they  varied 
•with  the  Times,  and  were  charged  upon  Goods  and 
Chattels  rather  than  Land,  efpecially  in  Cities  and  great 
Towns.  But  let  the  following  Explanation  fpeak  for 
itfelf. 

A  Fifteenth,  or  ^uinzleme !,  is  a  Tax  of  Money  laid  Tenths  and  Fif- 
upon  the  Counties,  Cities,  Boroughs,  or  other  Towns,  *e?ths  account* 
throughout  the  Realm  ;  and  fo  call'd,  becaufe  it  amount- e 
ed  to  a  fifteenth  Part  of  that  which,  the  City  or  Town 
had  been  of  old  valued  at :  And  therefore  every  Town 
knew  what  a  Fifteenth  for  themfelves  did   amount  to  ; 
which  was  in  Proportion  to  the  Land  or  Circuit  about  it. 
Thus  Gamden  fays  of  Bath^  Geldebat  pro  viginti  Hidls. 
Whereas  a  Subfidy  was  raifed  upon  every  particular 
Man's  Goods,  or  Lands,  and  therefore  was  uncertain  ; 
becaufe  the  Eihte  of  every  particular  Man  is  uncertain  m. 

The  laft  Edition  of  this  Law-Dictionary  adds,  That 
thefe  Rates  were  taken  out  of  Doom/day- Book ,  in  the 
Exchequer,  as  Camden  again  witnefles  of  Welles^  in  . 

F  2  Somerfet- 

k  The  Declaration  of  War  again  ft  Lfweliyn  is  in  Rymer,  Tom,  II.  p.  68. 
1  A  /-r:nfiier,ie  is  to  this  J)ay  a  Tax  in  France,  called,  \nEr.gHJb,  a 
Twentieth  Penny . 

aw  Dictionary. 


$4  *Fkc  Parliamentary  HISTORY- 

King  Efatart  I.  Somerfet/bire,  thus :  Ojtuo  Ttmpore,  ut  teflatur  CenfuaXf 
Anglian  Liber )  Epifcopus  ipfum  Oppidum  tenuit,  quod 
pro  quinquaginta  Hidis  geldavit-,  and  fo  of  other  Towns  : 
By  which  it  appears,  that,  of  old  Time,  this  feemed  to 
be  a  yearly  Tribute  in  Certainty  :  Whereas  now,  tho* 
the  Rate  be  certain,  yet  it  is  not  levied  but  by  Parlia- 
ment. To  this  we  may  add,  That  thefe  Kinds  of  Taxa- 
tions were  impofed  by  the  King  at  his  Pleafure,  till  Ed- 
ward I.  bound  himfelf  and  his  Succefibrs,  from  that 
Time  forward,  not  to  levy  it  but  by  Confent  of  the 
Realm. 

But  to  go  on  with  our  Hiftory. 

It  Teems  as  if  this  laft  Parliament  met  by  Prorogation 

ttiis  Year  at  Wmebefter,  for  we  have  no  Account  of  a 

new  one  being  called  ;  and  yet  there  is  Teftimony  that 

they  fat  there  about  the  Beginning  of  "January  ^  fay  our 

Annalifts,  for  feveral  Days  ',  the  King  coming  to  them 

the  latter  End  of  December.     Soon  after  EnJIer  we  find 

them  met  again  at  Wejiminjler^  which  muft  be  in  the 

C  83  ]      Year  1277  ;  and  here  it  was  that,  amongft  other  good 

Laws,  the  Statute  of  Bigamy  was  enafted  m;  tho'  this 

BigLiy^jufod.  ^ft  feems  not  to  have  been  dona  in  full  Parliament,  the 

'  Preamble  to  the  Statute  running  thus  : 

*  In  the  Prefence  of  certain  Reverend  Prelates,  Bi- 
6  {hops  of  England^  and  others  of  the  King's  Council, 

*  the  Conftrtutions  under-written  were  recited,  and  after 

*  heard  and  publifhed  before  the  Iving  and  his  Council, 
'  forafmuch  as  all  the  King's  Council,  as  well  Juftices 
'  as  others,  did  agree  that  they  fhould  be  put  in  Writing 
'  for  a  perpetual  Memory,  and  that  they  ffiould  be  fted- 
'  faftly  obferved.' 

AnnoRegni4.        At  this  Parliament,   at  Wlnckefler  or  Weflminjler^ 

1276.        however,  the  King  confirmed  the  Charters  of  Liberties 

At  Windejler.  an<^  Forefts,  and  ordered  that  it  fhould  be  proclaimed 

all  over  England  that  they  fhould  be  ftri£rly  obferved  ". 

There  is  Mention  made  of  another  Parliament  faid  to 

AnnoRegnis.    ^e  hejd  jn  the  year  ^^    after  the  j^ing»s  Expedition 

into  Wales,  in  which  the  L^ity  granted  the  King  a  thir- 
tieth Part  of  their  moveable  Goods  towards  his  Charges. 

Tyrrel 

1  Perpluret  Ditt.     Annal.  Wygorn.  et  Wayerl. 

m  The  Statutes  at  large.    See  t&b  Tyrnrs  Hijlory  of  England,  Vol.  III. 

'  *  Tyrrtl't  Hijlorj  ./ England,  Vol.  III.  p.  29. 


^ENGLAND.  85 

Tyrrel  obferves,  that   this  Parliament  is  not   exprcfly  King  Edward I» 
mentioned  on  the  Rolls ;  which  fhews,  adds  he,  that 
there  were  many  more  Parliaments  than  we  can  now 
find  upon  Record  °. 

Tyrrel  quotes  l^alftngbam  for  his  Authority  as  to  this 
Meeting ;  but  as  we  find  no  older,  and  confidering  the 
War  now  with  Wales^  to  attend  which  all  thofe  who 
held  by  Military  Service,  even  the  Ladies  p,  were  fum- 
moned,  and  the  King's  returning  from  that  Expedition, 
we  can  hardly  find  Time  or  Place  for  a  Parliament  to 
meet. 

There  is  greater  Probability  that  a  Parliament  might 
be  held  next  Year  at  Gloucefter^  becaufe  the  Statutes  faid 
to  be  made  there  by  our  Statute  Books  feem  to  confirm 
it,  though  we  have  no  other  Authority.  Thefe  Laws 
feem  to  have  been  taken  and  printed  from  fome  Procla- 
mation, or  fome  fuch  A61  for  publifhing  them  ;  perhaps 
at  a  Parliament  at  Wejlminjler\&\&  in  Ottober  this  Year, 
though  firft  made  at  Gloucejler^  from  whence  they  take 
their  Name,  and  is  evidently  confirmed  by  the  Statutes 
of  IVeJlminjler  the  Second,  i^Edw.I.  which  fay  the 
Parliament  was  called  to  meet  at  Gloucejler  in  Quindena 
S.  Jokan.  Baptiftts,  becaufe  an  Expofition  of  thefe  Laws 
was  made  on  the  Sunday  after  the  Feaft  of  St.  Pfter^  &4 
V'mcula,  this  very  Year  q. 

The  Annah  of  Waverhy  mention  a  Parliament  to  be  f  84.  ] 
held  at  Wejlminjler  in  the  Middle  of  Otfober  this  Year, 
where  it  is  faid  that  the  King  of  Scots  came  and  did  Ho- 
mage to  King  Edward  at  that  Meeting.  lPykes  fays 
the  fame;  and,  by  his  Account,  one  might  imagine  that 
it  was  for  the  whole  Crown  of  Scotland ;  but  the  An- 
nah of  Worcefter  exprefs  the  Lands  for  which  he  did 
Homage,  which  all  lay  in  England.  A  better  Authority 
than  either  is  in  the  Focdera  Ang.  Tom.  I.  p.  126,  where 
is  the  whole  Proceeding. 

F  3  The 

«  TyrrePs  Hijlory  of  England,  Vol.  III.  p.  29. 

P  Rfmer  ha?  given  a  Lilt  of  the  Barons,  Prelates,  Abbots,  and  even  La- 
dies, that  were  lummoned  to  fervc  in  this  War,  by  themfelvcs  or  Subfti- 
tutcs. 

q  The  Date,  therefore,  in  Hawkint's  Statutes,  may  bf  wrong.  The  Roll 
in  the  Tower  ends  thus  :  Done  a  Gloccftrc  It  Demein  procbein  apra  la  Ftfe 
at  Scin  Peire  a  Goale  de  Auft.  It  An  a-vabntdit  5  and  the  Preamble  to  the 
Statute  de  S^f  Ifarraistt  mention*  U}o|c  paaie  at  Ghuftfh 
6  Ediv.  I. 


36  *The  Parliamentary  HISTORY 

King  £</«•<»•</ 1.  The  next  Year,  1279,  another  Parliament  was  fum- 
moned  to  meet  at  Wejlminjhr,  when  an  Affair  of  great 

AnnoRegni7.  jmpOrtance- to  the  Intereft  of  the  whole  Nation  came 
before  them.  But  before  we  enter  upon  an  Account  of 

At  Weflminjler. the  famous  Statute  of  Mortmain,  patted  in  this  Parlia- 
ment, it  will  be  neceflary  to  premife  two  Affairs  which 
happen  to  precede  it.  The  firft  was  an  Aft  concerning 
bearing  of  Armour ;  in  the  Preamble  to  which  the  Pre- 
lates, Earls,  Barons,  and  whole  Commonalty,  are  faid 
to  be  there  afTembled  at  IVejlminfter,  Oftober  30,  Anno 
Regni  7.  The  other  Tranfa&ion  was  this :  Some  of 
the  Piovifions  the  Archbifhop  of  Canterbury  and  his 
Clergy  had  made  this  Year,  at  a  Council  at  Reading^ 
(3  Kal.  Aug.)  were  revoked,  foon  after,  by  this  Parlia- 
ment, (in  Fefto  S.  Michaelis)  and  this  Revocation  is 
printed  in  Pryxne r,  Collier^  and  in  the  Councils.  But  this 
Blow  was  very  foon  followed  by  a  much  greater  Stroke 
at  that  Body  than  they  had  ever  fuffered  before. 

It  is  very  well  known  to  an  Englijb  Htftotian,  that 
theClergy,  ever  fince  the  firft  Introduction  of  Chriftianity 
into  this  Ifland,  had  been  accumulating  Lands  and 
Riches ;  infomuch  that  they  had  fweiled,  what  was  at 
firft  but  a  Molehill,  into  a  huge  Mountain.  The  enor- 
mous Bulk  of  their  prefent  Pofleffions,  and  what  they 
were  daily  acquiring  from  the  miftaken  Charity  of  that 
Age,  made  it  juftly  fufpicious  that,  in  another,  they 
jnight  engrofs  the  whole :  Befio'es,  it  was  well  known 
that,  whatever  Lands  they  gained  this  Way,  they  were 
from  thenceforth  unalienable,  and  a  dead  Hand  laid  on 
them  for  ever.  The  Laity  had  been  long  defirous  to 
item  this  Torrent;  but  wanted  a  King  of  Refolution 
enough  to  defpife  the  Vatican  Thunder,  and  effectually 
put  a  Stop  to  thefe  dangerous  Proceedings.  Such  a  King 
they  found  in  Edward  I.  and  a  Parliament  was  called  in 
this  Year  for  that  Purpofe.  They  met  at  Weftminjier 
in  the  Beginning  of  November,  by  the  King's  Appoint- 
ment, and  when  he  made  the  Propofal  it  was  received 
by  the  Lait)  with  univerfal  Joy,  nor  durft  the  Clergy 
oppofe  it  for  Fear  a  heavier  Blow  mould  fall  upon  them. 
In  fine,  it  was  enacted,  *  That,  from  henceforth,  none 

*  mould  either  give,  fell,  bequeath,  or  change,  or,  by 

*  any  Title  whatfoever,  fnpuld  aifign  any  Lands,  7'ene- 

f  Pyr.nis  CeOtSitaitf  p,  235, 


of    E  N  G  L  A  N  D.  87 


c  ments,,  or  Rents,  to  any  Religious  Body,  without  Li- 
'  cence  from  the  King  had  for  that  Purpofe  *.'  This 
Statute  was  called  thelStatute  of  Mortmain,  becaufe  it  I]16  Statute  °{ 

.....  .          mortmain  enact  - 

was  intended  to  prevent  Eirates  from  falling  into  dcaded. 
Hands  j  that  is,  Hands  of  no  Service  to  the  King  or  the 
Public,  without  Hopes  of  ever  changing  their  Owners. 
Nor  did  the  King  end  here  ;  for  the  Sequel  will  alfo  (hew 
that  this  Monarch  laid  a  heavier  Hand  on  Holy  Church 
than  any  of  his  Predecefibrs  had  done  before  him. 

About  this  Time  Edward  was  bufy  in  his  Conqueft      [  85  ] 
of  Wales,  which  he  foon  after  fully  accomplifhed.    Le- 
ivellyn,  their  Prince,  was  {lain  in  the  open  Field,  and  his 
whole  Army  routed  upon  the  Spot.    David  his  Bi  other  Annoj^gegni  "• 
was  foon  after  taken  Prifoner  and  brought  to  the  King 
at  Shrcwjlury.    Here  it  was  that  a  Parliament  was  called  At  Sbrewfiury. 
on  that  Occafion,  September  30,  1283,  who  condemn'd 
David  to  die  the  Death  of  a  Traitor.     This  rigorous  Lnoellyn  lulled, 
Sentence  was  executed  with  all  the  Circumfrances  at-a"dhisonlyBr°- 
tending  that  infamous  Punifhment.    His  Head  was  fix'd  L  c 
near  that  of  the  Prince  his  Brother,  and  his  four  Quar- 
ters were  fent  to  York,  Briftol,  Northampton,  and  Win- 
ch eft  er  :.     The  firft  Example  of  this  Manner  of  Execu-       [  86  ] 
tion  done  on  Traitors,  but  which  has  been  commonly 
prac"r.ifed  ever  fmce. 

The  King,  in  fummoning  this  Parliament,  was  more 
explicit  than  ever  he  had  been  before.  The  Writs  of 
Summons  are  ftill  extant  on  Record  ;  the  firft  of  which 
is  to  the  Lords  to  meet  the  King  at  Sbrewjlury  on  Sep- 
tember 30.  The  fecond  Writ  is  directed  to  the  Sheriffs 
of  every  County  in  England,  to  caufe  to  be  chofen  two 
Knights  for  the  Commonalty  of  the  fame  County  ;  as 
alfo  a  third  directed  to  feveral  Cities  and  Boroughs,  and 
a  fourth  Writ  to  the  Judges  ". 

But 

s  H.  fcnygbtsn,  inter  Decem  Serif  tores,  col.  2462. 

See  Statures  at  large,  p.  83  ;  where  the  Realbns  for  making  this  Law 
will  beft  appear  by  the  Recital  of  the  Statute  itfelf. 

t  0  mart  ffiiftra  Prodi  tor  is  !  ad  Caudas  Equorum  per  Municipium  Salopia* 
fuit  trti"ut,  diin  fufyenfus,  poflea  decoli'aius,  pojlmodum  Iruncus  Corf  art's  in 
quatuor  Pai'tes  fuit  divifits,  jinaliter  Cor  ejus  cum  Inte/linis  fuit  combujium, 
Cjput  Londini  portabatur,  quad  fuper  Turrim  Londinenfem  erigcbatur 
fitper  Pahim,  e  Regitne  Cafitis  Fratris  fui  5  quatuor  Parta  Corpi~is  ipfmt 
acepbali  ad  Briitoliani.  Nortliamp.  E''or,  Winton,  mitrebanttir,  M.  Weft. 

u  Rot.  Wattia,  ^  Ediv.  I.  m.  z.  dorfo.  Rymer's  Fudsra,  Tom.  1I«' 
p.  247,  e-V. 

Mr.  lyrrel  obferves,  that  neither  Mr.  Prynne  nor  Dr.  Brady,  with  all 
their  Diligence,  have  taken  any  Notice  of  .thel'e  \VriW  to  iuinmon  this 

Par« 


tfbe  Parliamentary  HISTORY 

But  the  Time  this  Parliament  met  at  Sbreii'flury  has 
been  diverfified  by  feveral  antient  Authors,  and  placed 
a  Year  fooner  than  it  really  happened,  which  has  led 
many  modern  Hiftorians  into  the  fame  Error.  Now 
to  fix  this  Period  right,  the  Time  of  Lewtllyn's  Death, 
and  the  Capture  of  his  Brother  David  muft  be  afcer- 
tained.  The  Beginnining,  Progrefs,  and  Conciufion  of 
this  Weljh  War,  muft  lead  us  to  the  Point  directly  ;  and 
this  is  exemplified  in  Rymer,  by  the  feveral  Acts  of  State 
done  during  the  Continuance  of  it.  The  firft  of  which 

is 

Parliament.  He  accufes  the  latter  of  Partiality  in  this  Matter;  and,  in 
his  Introduction  to  his  Hiftory,  has  given  the  Reafon  why  the  Doctor 
might  not  think  fit  to  mention  them. 

The  Writs  are  directed  to  all  the  Earls  and  Barons  by  Name,  to  the 
Number  of  no;  but  the  Writs  to  the  Cities  and  Boroughs  being  more 
remarkable,  efyecially  as  thefe  Writs  are  the  firft  upon  Record  requiring 
the  Attendance  of  the  Commons,  except  thofe  iflued  in  the  Name  of  the 
late  King  Henry  II I.  under  Mantfor-i 's  Ufurpation,  we  think  proper  to  give 
a  T ranfcript  of  them  as  follows : 

REX  Majori,  Civibus  et  Vicecomitibui  LONDON. 

Shtot  Fraudum  et  Macbinationum  generibus  Lingua  Walenfuim,  ad  ittjlar- 
•vulpium,  Progenitors  nojlros  et  Regnum  nojlrum  invaferit,  a  Tempore,  quo 
poteft  Hominis  memoria  recordari :  £)uot  Strages  Magnatum,  Nobitium,  et 
aliorum,  tarn  Anglicorum,  quant  aliorum  jfu-venum,  atque  Scnum,  &c,  ut  in 
Brevi  Superiori  ufque  haec  Verba. 

Pcbis  Mandamus  quod  duos,  de  fapientioribus  ei  aptioribui  Civibus  prte- 
di£l<e  Ci-vitatis,   elegi  faciatis,  et  eos  ad  nos  mittatis,  ita  quod  lint  ad  nos, 
apud  Salopiam,  inCraJlino  Sanftl  Michaelis  proximo  future,  nooifcum  fupej 
hoc  et  aliis  locuturi ;  et  hoc  nullaterttn  omittatis. 
Tejie  Rege  apud  Rotheland,  28  Die  Junii. 

Eodum  modo,  mandatum  eft  omnibus  fubfcriptis* 
Majori  et  Civ/bus  Winton.  Balli-vis  Nottingham. 

Majori  et  Balli<vii  Villas  Nov-i  Ca-      Ba!!i-vis  de  Scardeburg. 

flri  fuper  Tynam.  Majori  et  Ballivii  de  Grimefby. 

Majori  ct  Civibus  Eborum.  Majori  <t  Balii-vn  de  Linn. 

Majori  et  Balli-vis  Briftol.  Ba'lli-vis  de  Colccefter. 

Majori  et  Ci-vibui  Exon.  Ealli-vi$  et  prohis  Hominibut  de  Ger- 

Majori  et  Ci-vibui  Lincoln.  nemue.     [Yasmoutb] 

Majori  et  Ci-vibus  Cantuar.  Majori  et  brobis  Hominibut  de  Here- 

Majori  et  Civibus  Karleol.  ford. 

Balli-vis  Norwich  Majori  et  prolis  Hominibut  Cedri.T. 

Majori  et  probii  Hominibut  North-      Balli-vit  et  probis  Homintbut  Sallop, 

ampton.  Majori  et  froiis  Haminibui  Wygorn^ 

Sub  Forma  prxdiElii  Mandatum  tft  Uni-verjii  et  Singulis  I'iceccmitibus  per 

Angliam,  quod,  in  quoliket  Ccmitatu,  eligi  faciant  duos  Milites,  de  dij'crcti- 

cribui  et  aptioribut  Coir.ita.'ui  illius  ad  Regcm  pro  Communitate  ejufdem  Ccrr.i- 

tatus,  ventures  ;  ita  quod  fmt  ad  Regem  in  Craflino  Sanfii  Michaelis  prof  - 

ditto,  apud  Salopiam,'  cum  Rege  fuper  hiis  et   aliis  locuturi ;  et  hoc  nullj- 

lenui  omittatis, 

Item,  fub  eadem  Forma,  Manitatum  eK  omnibtit  fubfcriptis,  quod  Jtnt  ad 
Regem,  ad  Ditm  pradiflum,  cum  Regc  fuper  hiis  it  ali's  locuturi.  Richardo 
ds  Holcbiok,  &e.  Judicibui, 


e/*ENGLAND.  %9 

is  a  Letter  from  the  King  to  the  Archbifhop  of  Canter-  KinS  E*™rd  *• 

bury,  to  excommunicate  the  whole  Weljh  Nation,  dated 

at  the  Devize^  apud  Devizes,  Martii  28,  An.  Reg.  10. 

1282.     Next  follows  feveral  Summons  to  the  Barons 

and  other  Great  Men  to  appear  in  Arms,  with  their  Vaf- 

fals  and  Subjects,  on  an  appointed  Day,  at  Chefter,  and 

other  Places  on  the  Coafts  silVales,  of  fubfequent  Dates 

to  the  former.     Our  Monkifh  Hiftorians  fay  exprefly, 

that  the  Battle,  in  which  Lewellyn  was  flain,  happened 

on  the  i  oth  of  December ,  in  the  i  ith  Year  of  the  King, 

and  that  his  Brother  was  taken  Prifoner  on  the  22d  of 

June  following  w.     All  which  Teftimonies,  with  more 

of  the  fame  Nature,  which,  for  Brevity  Sake,  we  omit* 

plainly  prove  that  this  Parliament  at  Shrew/bury  was 

called  to  meet  there,  in  the  Year  1283  ;  and,  as  the 

Writs  exprefs  it,  tho'  they  bear  no  Marks  of  the  Year 

on  them,  the  Day  after  Michaelmas  >  or  September  30, 

that  Year. 

It  feems  as  if  this  Parliament  at  Shrew/bury  was  call'd  [  87  ] 
with  no  other  Intention,  than  to  fhew  the  whole  Nation 
that  the  King  gave  the  Weljh  Prince  a  fair  Trial ;  and 
that  the  Sentence  againft  him  fhould  be  given  by  his 
Peers.  David  was  a  Baron  in  England ;  and  confe- 
quently  eleven  Earls  and  one  hundred  Barons  were  com- 
miflioned  by  the  King  to  try  him,  who  condemned  the 
poor  unhappy  Prince  to  a  moft  {hameful  and  ignominious 
Death  ;  the  Circumftances  of  which,  all  duly  executed, 
are  too  fhocking  to  relate  ;  who  will  may  read  them  in 
the  Words  of  an  old  Hiftorian  at  Note  c,  p.  87.  The 
Line  of  Cadwallader  being  thus  intirely  cut  off,  the 
Weljh  Nation  was  wholly  fubdued,  and  added  a  glorious 
Title  to  the  Englijh  Crown  ;  after  many  Attempts  for  ^^™j^f ta 
the  Space  of  800  Years,  the  Conqueft  of  it  was  re- England. 
ferved  for  our  Edward  the  Firft,  the  braveft  and  the 
wifeft  Prince  that  ever  fat  upon  the  Englijh  Throne. 
*  And  it  was  certainly  of  great  Benefit  to  both  Nations, 
fays  an  Hiftorian  x,  for  the  miferable  Contefts  and  bloody 
Mifchiefs  which  often  happend  between  them  were 

hereby 

w  Walt.  Hcmingford.  Et  tontigit  btsc  ViEltria  A.  T(cgni  Regis  E<!.  II. 
10.  Die  Decembris  ;  and  in  the  next  Page,  */  Die  S.  Albani  (June  22) 
proximo  Jubfcijuenti  captus  eft,  per  Proditiontm  ciijufdtnt  ex  fait,  Davidus 
Prir.ccfa,  et  hei-ro  -vincitu  tutijjime  fer-vabatur  ufijue  ad  ftqucru  Ftjlum  S", 
iiaclis,  £?r.  An;ia!es  tie  Dunftable. 
Sam,  Danie!t  in  Kennel's  Hijlory  of  England,  p.  194. 


go  The  Parliamentary  HISTORY 

King  £</«c*/-<n. hereby  extinguiflied,  and  they  became  one  People,  go- 
verned by  one  Law,  and  under  one  Prince.' 

At  this  Parliament,  however,  fome  other  Bufinefs  was 
done  befide  the  former ;  for  they  granted  the  King  a 
Thirtieth  for  the  Laity,  and  for  the  Clergy  a  Twentieth, 
towards  the  Expences  of  the  War. 

Here  we  have  a  Mill  thrown  over  our  Parliamentary 
Hiftory  for  fome  Time  ;  our  Records  give  us  nothing 
to  clear  it,  and  our  old  Monks  are  confufed  and  abftrufe. 
A  Parliament  is  feemingly  made  out  by  our  Statue- 
Books,  to  meet  at  Rothland  the  next  Year,  May  24  ; 
hut,  upon  Infpeftipn  into  them,  we  find  the  Statute  of 
Rothland  is  no  more  than  a  Writ  of  the  King's  own, 
for  better  regulating  of  his  Exchequer,  and  no  A61  of 
Parliament ;  though  it  has  been  printed  all  along  as  a 
Statute,  and,  with  a  falfe  Date,  copied  by  the  different 
Editors  from  one  another,  quite  from  Toth-iU's  old  Edi- 
tion down  to  the  laft.  The  real  Date  is  apud  Rothland, 
23  Die  Martii,  d.R.N.xii.  r. 

From  Wales  we  trace  the  King  coming  to  Brijlol, 
xvhere  he  kept  his  Chriftmas^  and  as  fome  fay  held  a 
Parliament,  but  not  a  general  but  a  particular  Parlia- 
ment, fay  Wykes  z,  which  we  take  to  be  no  more  than 
a  great  Council ;  tho'  what  particular  Things  were  done 
at  it  are  not  mentioned.  But  this  Meeting  is  confirmed 
by  two  A6ls  of  State  in  Rymcr,  one  dated  at  Eriftol  in 
December,  and  the  other  in  January  in  that  Year.  Af- 
ter Chriftmas  the  King  was  at  York,  fay  the  dnnah  of 
Dunftable^  and  with  this  an  Ac!:  dated  at  Yorkyjan.  12, 
1284,  agrees.  The  Annals  aforefaid  carry  the  King 
from  hence  to  Lincoln a,  where  he  held  a  Parliament, 
and  went  from  thence  into  Wales. 

AnnoRegnlia.     In  the  King's  Progrefs  into  Wales^  or  foon  after  he 
1284.        g0t  there,  a  Parliament  was  actually  called  to  meet  at 

At  Aft<>n.Burml^^on~^urm^  a  ^ma^  Place  in  Shropjhlre^  where  they  had 
rro  other  Convenience  to  fit  in  but  a  great  Barn  b.  But 
why  the  King  (bould  chufe  that  Place  rather  than 
Sbrewjbury  very  near  it,  or  any  other  in  the  County,  is 
unknown.  However,  to  afcertain  the  Place,  the  Statute 

of. 

y  Vid.  MadhS*  Hiftory -of  \\aExtbeqner,  p.  656,  Note  fa) 
z  I\'on  ur.iverji.li,  jeu  general^  fid  tanquam  particular!  tt  ipefiali  Par* 
fametito      Chron.  T.  VVykes,  p.  "112. 

'  a  Et  fade  tenuit  Rex  Farliamintum,  fuum  apud  Lincoln,  An.  Dunft. 
k  Lelandi  Iti.u. 


of   E  N  G  L  A  N  D.  91 

of  Attan-'Burnel,  fo  called,  as  printed  in  our  Statute-  King  EdtwJ f. 
Books,  jnuft  have  been  made  here  ;  it  is  called,  in  the 
old  Editions,  13  Efhv.  I.  tho'  it  has  no  Date  neither  in 
the  Preamble  nor  in  the  End  of  it ;  but,  amongft  the 
Statutes  made  at  Weftminjler  13  Edward,  we  find  this 
recited  in  the  Preamble  to  the  Statute  of  Merchants ; 
and  is  exprefly  faid  to  be  made  by  the  King  and  his 
Council,  in  a  Parliament  held  at  Afton-Burncl  after 
Michaelmas,  in  the  I  ith  Year  of  his  Reign.  We  have 
another  Authority  in  Prynne's  Collections,  p.  311,  £sV. 
where  you  find  an  Act  in  Favour  of  the  Bifhop  of  Dur- 
ham, dated  at  Afton-Biirnel,  October  the  fixth  this  Year. 
Nicholas  Trivet^  alfo  an  antient  Writer c,  mentions  two 
Parliaments,  or  two  Meetings  of  the  fame,  in  the  nth 
of  Edward  I.  pojl  Fcftum  S.  Mich.  Salopiae,  where  Da- 
vid was  condemned  ;  and  at  Aflon-Burnel,  poji  Feftum 
S.  Mich.  alfo.  By  the  Times  of  Meeting  being  fo  near, 
it  feems  moft  probable  that  the  laft  was  only  a  Proroga- 
tion for  the  Convenience  of  a  great  Room. 

In  the  Year  1285  another  Parliament  was  called  to 
meet  at  IVeJlminjler  after  Eafter  ;  the  Annals  of  f^aver- 
iey,  ad  An.  1285,  fay  the  King  marched  in  Proceflion 
thro'  London  to  ~ff/re/lminjier,  1 1  Kal.  Mali,  and  imme- 
diately after  mentions  a  Parliament  held  there,  where  Anno  Regni  13. 
were  made  fome  Additions  to  the  anlient  Statutes  of  the  I28$- 
Realm,  which  bear  the  Title  of  The  Statutes  ofJVeft-  AtlTeflm*JUr. 
ininfter  the  Second.  The  Act  called  Circumfpefte  agatis 
was  alfo  pa/Ted  this  Seffion  of  Parliament  in  Confequence 
of  the  Clergy's  Complaints,  becaufe  they  thought  their 
JurifdifHon  abridged  by  fome  former  Statutes  and  Points 
to  which  you  have  their  Complaints  at  large,  printed  in 
the  Councils*',  and  you  will  find  there  likewife  two  other 
Sets  of  Complaints  relating  to  the  Proceedings  of  the 
King's  Courts,  with  the  Anfwers  and  Replies.  This 
Statute  of  Circumfpefle,  &c.  was  all  the  Relief  they  could 
get,  but  was  by  no  Means  adequate  to  their  Defires. 

We  meet  with  another  Parliament,  or  a  Prorogation 
of  the  laft,  at  ffinchf/ler  this  Year.     The  Annals  of 
IVorceJler  fay  the  King  was  at  Winchcjlcr^  on  the  Feaft 
of  the  Nativity  of  the  Virgin,  Sfpf.  8,  which  is  con- 
firmed 

c  P.  acg,  260.  Nicholas  Trivet  died  in  1318.  Iliflerical  Library, 
*  trora  the  ReJUcr  of  C'ffard  Difiiop  of  //•  'wccjlcr. 


p2  The  Parliamentary  HISTORY 

King  Edward  I.  firmed  by  M.  Wefiminjler\  who  alfo  writes,  That  the 
Statute  of  Winton  was  then  made  ;  but  neither  one  nor 
other  of  thefe  Authors  mention  a  Parliament  to  be  there 
sit  that  Time.  The  Annals  of  Waverley  however  are 
fomewhat  clearer;  and  fay,  That  the  King  being  at 
Wincbejler,  about  the  Beginning  of  Oftober  this  Year, 
put  out  aStatute  for  curbing  the  Rogueries  of  Thieves1. 

[  88  ]          The  next  Year  King  Edward  went  over  into  France, 
on  fpecial  Occafions,  which  detained  him  three  Years  in 
AnnoRegni  17.  that  Kingdom.     In  his  Abfence  we  find  that  a  Parlia-t 
1289.        rnent  was  held  at  London^  in  February  1289,  wherein 
.        John  de  Kirby,  Lord-Treafurer,  demanded,  as  he  faid, 
'"'    by  the  King's  Orders,  an  Aid  for  the  King's  Charges  in 
France.     But  the  Parliament  anfwered,  by  the  Earl  of 
Gloucefter,  their  Spokefman,  '  That  they  would  grant 
*  nothing  unlefs  they  faw  the  King  perfonally  prefent.' 
Hereupon  the  Treasurer  impofed  a  Tallage  on  the  Ci- 
ties and  Boroughs  of  the  King's  Demefnes  u.     At  his 
Return,  which  was  in  dugujl  1289,  his  firft  Care  was 
o  Re  ni  18  to  re^orm  ^everal  Abufes  introduced  in  his  Abfence,  par- 
'nn°Jlg|"1  *  'ticularly  in  the  Adminiftration.     To  that  End  he  called 
a  Parliament,  foon  after  his  Arrival,  to  meet  at  Wefl- 
'  minjler  in  'January  following;  where  the  Neceffity  of 
reforming  fuch  great  Abufes  being  propounded,    the. 
Judges  were  all  had  under  Examination,  .&nd,  upon  a 
plain  Proof  of  their  Extortions,  they  were  fined  to  pay 

TheTud  es  fined thefc  ^ollowmg  Sums  : 

for  Extortion.         Sir  Ralph  de  Hengham,  Chief  Juftice  of  the  King's 

Bench,  7000  Marks  w. 

[  89  ]          Sirjoba  Lovetot,  Juftice  of  the  Common  Pleas,  3000 
Marks. 

Sir  William  Erampion^  Juftice,  the  fame  Sum. 

Sir  Solomon  Rochejler,  Juftice  of  Affize,  4000  Marks,, 

Sir  Richard  de  Boyland,  4000  Marks. 

Sir  Thomas  Sodington,  2000  Marks. 

Sir  Walter  Hoptw^  20CO  Marks. 

The  four  laft  were  itinerant  Juftices. 
Sir  William  de  Sabam,   3000  Marks, 
Robert  Lithcbury,  M  after  of  the  Rolls,  looo  Marks, 

Roger. 

*  Rex  in  Prir.dpio  Menjls  Celebris  apud  Wyntoniam  Statuta  quadara 
edidit  ad  rcfrxnandum  Larronum  irfidias.     An/Wavcrl. 
u  Cbron.  T.  Wykes,  p.  117.       ' 
»'  Chran.  CT.  J'/jkct,  p.  nS.     Cbron.  de  DurfaMc.     Daniel's  Hiflorj. 


*/*   ENGLAND. 

-Riger  Leicejler,   1 000. 

Henry  de  Bray^  Efcheator  and  Judge  for  the  Jews ,  1000. 

Sir  y^/tftf*  </«  Stratton,  Chief  Baron  of  the  Exchequer, 
according  to  Come,  (to  others,  only  Chief  Clerk  of  the 
Courts)  no  lefs  than  34,000  Marks. 

And  Sir  Thomas  Wayland,  Chief  Juftice  of  the  Com- 
mon Pleas,  who  was  found  the  greateft  Delinquent,  had 
all  his  Goods  and  whole  Eftate  confifcated  to  the  King, 
and  was  alfo  baniftied  for  ever  out  of  the  Kingdom. 

An  ingenious  Hiftorian  x  obferves,  that  if  the  laft  For- 
feiture was  but  equal  to  Sir  Adam  Stratton's  Fine,  all 
the  Fines  together  make  near  100,000  Marks;  a  mighty 
Treafure,  adds  he,  to  be  gotten  out  of  the  Hands  of  fc» 
few  Men,  if  it  were  not  probable  that  the  Fewnefs  of 
Lawyers  in  thofe  Days  made  their  Practice  more  advan- 
tageous even  in  thofe  lefs-litigious  Times  y. 

From  this  Time  the  Judges  were  obliged  to  fwear,  at 
the  Entrance  into  their  Offices,  that  they  would  take 
no  Money  or  Prefent  of  any  Kind,  except  a  Breakfaft, 
from  fuch  Peribns  as  had  Suits  depending  before  them. 

A  very  learned  Gentleman,  who  has  favoured  us 
\vith  his  Remarks  on  the  Parliaments  in  this  particular 
Reign  z,  fays,  '  That  the  King,  foon  after  his  Return 
from  France^  called  a  Parliament  to  meet  in  "January 
following,  and  confequently  in  1290,  18  Edw.  I.  The 
Affair  of  the  Judges  is  placed  by  all  our  Hiftorians  in 
1289  ;  nor  does  it  appear  to  me,  he  adds,  to  have  been 
done  in  Parliament.  Tho.  Wykes,  after  mentioning  the 
King's  having  fummoned  the  Parliament  to  meet  on  the 
Feaft  of  St.  Hilary ',  [1290]  goes  on  and  mentions  a  Pro- 
clamation, That  all  thofe  who  had  received  any  Injuries 
from  his  Judges,  Sheriffs,  or  other  Officers,  fhould 
perfonally  lay  their  Complaints  before  the  appointed 
Parliament,  where  they  ihould  receive  ample  Juftice 
(jfaflitttc  Complementum)  ;  and  immediately  after  fays, 
fane  qiiidam  [f.  quldem~\  SummusyufticiariorumdeBancOi 
and  fo  relates  the  Crimes  and  Puniihments  of  the  Judges; 
but,  adds  our  Commentator,  upon  carefully  reading  all 

IVyket* 

*  Sam.Darid. 

7  There  were  but  two  Judges  out  of  the  v/ho!c  Bench  that  were  r.  .t 
found  faultv,  viz..  Join  de  Mctirgbam  and  Eliat  de  Bc'-.ingban,     Kc!- 
heaa's  Chron. 
The  Jats  Rsktrt  Ihl'^n,  Ef<j;  Member  far  Brijlt', 


•^j.     T  *Tbe  Parliamentary  HISTORY 

King  Edward  1.  Wykes^  I  can  find  no  neceflary  Inference  that  the  Judges 

were  punifhed  in,  or  by,  Parliament. 

:     The  Annals  of  IVaverley,  ad  An.  1289,  fpeaking  of 

the  King's  Return,  fay  he  found  great  Injuftice  had  been 
done  in  his  Abfence,  and  great  Complaints  were  made ; 
cito  poft  Parliament/)  apud  Weftmonafterienfis  omnium 
Procerum  convocato,  omnes  Jujiiciarios  ob  Officiis  amovit ; 

.but  this  is  placed  in  1289  ;  nor  can  it,  I  think,  from  thefe 
Words,  or  from  thofe  in  Trivet,  who  fays,  auditis  tjhie- 
rimoniif^&c.  Rex  omnibus  exbibens  Juflitiam,  "Jufticiarios 

fere  omnes,  de  Fa  I/state  deprehenfos,  a  fuo  Officio  depcfuit 
ipfoS)  juxia  Demerita  puniens  gravi  Mulfio.  Tenuit  hoc 
Anno  Parliamentum,  bV.  be  inforccd  to  be  done  in  Par- 
liament. 

The  Annals  of  Worcejler  arc  filent  both  as  to  the 
Judges  and  the  Parliament ;  and  Henringford  mentions 
only  the  latter,  and  takes  no  Notice  of  the  Judges:  But 
the  Annals  of  Dunftable  are  very  full  in  the  Affair  of  the 
Judges  ;  and  what  I  find  in  thofe  Annals,  concludes  our 
Annotator,  inclines  me  ftill  to  think  that  it  was  no  Par- 
liamentary TranfacYion ;  but  an  Exercife  of  the  Regal 
Power  without  them, But  now  to  our  real  Parlia- 
mentary Proceedings. 

It  does  not  appear,  from  either  Hiftories  or  Records, 
that  the  Commons,  that  is  the  Burgeffes,  were  called  up 
to  this  Parliament.  The  Writs  directed  to  the  Sheriffs 
were  to  return  two  or  three  of  the  moil  difcreet  Knights 
for  each  County,  and  were  dated  June  14,  18  Edw.  I. 
[1290]  but  no  Mention  of  any  Citizens  or  Burgeffes. 
Indeed  the  Controverfy  about  this  Parliament,  and 
what  thefe  Knights  were  to  do,  takes  up  fo  large  a  Space 
in  Brady  and  Tyrrely  that  we  muft  refer  fuch  of  our 
Readers,  curious  enough  to  enter  into  their  Difputes,  to 
thefe  Authors  themfelves,  it  being  the  Purport  of  this 
Hiftory  to  relate  Facts  as  they  happened,  and  not  enter 
into  any  Cavils  about  them. 

It  appears  that  there  were  no  lefs  than  three  Parlia- 
mentary Meetings  this  Year;  but  whether  by  Proroga- 
tion, or  new  Calls,  we  know  not.  The  firft  at  Weft- 
minfter,  in  January  1290,  according  to  IVykes  and  the 
Annals  of  Dunftable  z.  The  fccoad,  pojl  Pafcba,  1 290, 
according  to  Hemingford  and  the  aforefaid  Annals  %  alfo 

z  An.  de  Durable,  publifhed  by  T.  Hearne,  p.  <6t.  ^ 

»  Man,  p.  5Sz,  £?«. 


of    E  N  G  L  A  N  D.  95 

'by  the  Statute  £>uia  Emptores  Terrarum,  &c.  dated  atKing£«faw</I. 

Wejlminfter  after  Eajhr^  to  wit,  in  the  ^ulnzieme  of 

St.  John  Eaptiji.     The  third  Meeting  was  foon  after  the 

laft,  when  the  Knights  were  called,  and  attended;  they 

were  fummoned  to  appear  in  three  Weeks  after  St.  John 

BaptijL     The  two  laft  of  thefe  Meetings,  fays  an  Ail- 

thor  y  of  great  Credit,  were,  by  Adjournment,  to  two 

Towns ;  the  one  in  the  County  of  Bucks,  the  other  in 

Northampton/bin  z. 

An  Aftair  of  Confequence  came  before  this  Parliament,     f  qo  1 
which  was  the  entire  Banifhment  of  the  Jews  out  of  the 
Kingdom.     The  Nation  had  long  defired  it,  but  the  The  Jews  ba« 
'Jews  ftill  found  Means  to  divert  the  Blow,  by  large  Pre-nifhed. 
ients  to  the  King  and  his  Minifters.     They  wanted  to 
play  the  fame  Game  again  now,  but  could  not  do  it,  the 
King  being  unable  to  protect  them  any  longer,  and  un- 
willing to  rifque  the  difobliging  his  Parliament  on  their 
Accounts.     Accordingly  the  Act  of  Banifhment  was 
pafled,  whereby  their  immoveable  Goods  were  confif- 
cated ;  but  they  had  Leave  to  carry  away  the  reft  with 
them. 

There  feems  to  be  two  different  Tranfactions,  in  this 
Parliament,  relating  to  the  Jews ;  one  to  reftrain  their 
Ufury,  &V.  and  the  other  to  ordain  their  Banifhment. 
Lord  Coke  in  his  Inftitutes,  on  the  Statute  de  Judaifmo^ 
afTerts  the  one,  and  the  laft  is  proved  by  the  Ac!  made  on, 
purpofe  for  it a.  The  Number  of  thefe  banifhed  *Jews+ 
according  to  Mat.  IVeftminJler,  were  16,160  j  and  the 
Parliament  were  fo  well  pleafed  to  get  rid  of  thefe  Ex- 
tortioners, that  they  readily  and  willingly  granted  the 
King  an  Aid  of  a  Fifteenth,  and  the  Clergy  a  Tenth,  out 
of  all  their  Moveables ;  and  joined  with  the  Laity  in 
granting  a  Fifteenth  of  all  their  Temporalities,  up  to 
their  full  Value,  to  make  the  King  fome  frnall  Amends 
for  the  great  Lofs  he  fuftained  by  the  Jews'  Exile.  The 

King 

y  There  are  no  lefs  than  forty-fix  different  Pleadings  in  Ryley,  on  Peti- 
tions, &c.  on  private  liufinefs  tranfadled  in  this  Parliament,  and  at  two 
Adjournments  of  it,  to  Clipjion  and  AJhruggi,  The  fame  Author  has  given 
feveral  Pleadings,  on  private  Property,  at  a  Parliament  held  at  London,  this 
Day  after  Epiphany,  in  the  aoth  Year  of  this  King  j  but  we  find  no  Men- 
tion of  it  in  any  Hiilorian,  wiiatfoever.  Rylej\  Placua  Part.  An.  18  and 
19  Edw.  I.  N 

z  Clipftin  and  AJhruggi.  There  are  two  Townt  of  the  fame  Name  in 
each  County  ;  only  the  latter,  in  the  Namina  Villarum,  is  foclt  Afiiidg. 

•  SfC  Statutes  tt  large, 


96  The  Parliamentary  HISTORY 


.]£ing  was  not  ungrateful,  neither,  in  his  Remembrance 
of  the  Parliament's  Benevolence  to  him  at.thisTime;  for, 
feveral  Years  after,  viz.  in  the  34th  of  his  Reign,  when 
he  demanded  an  Aid  for  knighting  his  eldeft  Son,  and 
carrying  on  the  War  with  Scotland,  he  exempted  all 
fiiofe  Perfons  from  paying  it,  who  had  contributed  to- 
wards the  Fifteenth  granted  to  him  by  Parliament  for 
theExpulfion  of  the  Jews  in  the  igth  Year  ofhisReignd. 
To  conclude  the  Bufinefs  of  this  Parliament  ;  the 
King  had  an  Aid  granted  him  for  the  Marriage  of  his 
cldeit  Daughter,  called  Joane  de  Acres^  from  the  Place 
of  her  Birth,  to  Gilbert  Earl  of  Gloucefler^  a  Nobleman 
of  vaft  Lands  and  Pofleflions.  This  Aid,  however,  was 
not  levied  till  long  after  it  was  granted  ;  and  there  is  a 
a  Writ  to  the  Sheriffs  for  collecting  it  in  Rymer  %  dated 
at  Weftminjler  fome  Years  after,  occafioned  by  the  long 
and  tedious  Proceeding  in  the  Court  of  Rome,  to  gain  a 
Difpenfation  in  regard  of  the  Princefs's  near  Confangui- 
nity  to  the  Earl's  firft  Wife.  Laftly,  you  have,  in  the 
Jlnnah  of  Dun/table,  a  Record,  dated  at  Weftminfter* 
May  27,  this  Year,  by  which  it  appears  that  the  Statute 
de  SHiaranto  was  made,  or  granted,  by  this  Parliament  f. 
Edward  having  now  his  Coffers  full  of  Money  by  ail 
the  aforefaid  Fines  of  the  Judges,  Confifcatkins,  and 
Taxes,  began  to  turn  his  Thoughts  on  gaining  a  Con- 
queft  much  greater  than  the  laft,  and  to  unite  the  Crown 
of  Scotland  to  his  own.  Upon  the  Death  of  Alexander 
the  Scots  King,  and  his  Grandaughter  Margaret,  with- 
out Heirs,  the  Crown  of  that  Kingdom  fell  into  Contro- 
The  San  Crown  Verfy.  No  lefs  than  twelve  Competitors  ftarted  at  once-, 
JuKSS  Uww^  were  a11  defcended  from  David  Earl  of  Huntingdon, 
.Arbitrator.  *  the  younger  Brother  of  William  King  of  Scot;,  who  was 

Grand- 

<*  Et  quod  in  taxando  Sana  predi&a,  excipiantar  on:ti!a  qua  in  Taxations 
j^rna.  aCommunitate  Regni  D.  Reg't  Anno  Regni  fui  19,  conceJJ'a,  propter 
Exilian  Judeorum,  fuerunt  exccpta.  Petyt'j  Rights  of  the  Commons, 
p.  17  z,  in  Appendice. 

c  Feed.  Ang.  Tom.  II.  p.  912.  By  this  Writ  it  feems  as  if  the  Com- 
mons were  not  called  to  this  Parliament.  The  Words  are,  Sciatis  quod 
tumpritno  Die  Juhii,  An.  Reg.  no/}.  18,  Prclati,  Cemites,  Barents,  et  c.tcri 
Magnates  de  Regno  noftro,  concorditer,  pro  /<•  et  tola  Comnrtinitafe  ejufaeits 
Rfgni,  in  pleno  Parliamento  noflro,  nobh  esncfjjerint  xl  Solidos,  He  Jingnlis 
Fcedh  Militvm  in  Jiflo  Regno,  ad  Auxilium  de  primogcritam  F  ilium  no/traDi 
tnaritandam,  levari  ficut  bujiifmodi  Auxilitim  aliai  in  cafu  conjimili  concej- 
fum  le-vari  ccnfuevit  ;  tujut  quidem  Auxilit  Icvationi  faaendts,  pro  dicta? 
Communitatis  Aifamtnto  bucufoi  fuferfcdimiis  graiiofe.  —  AffignavimuS)  £fc» 

f  dnn«lti  de  Dunflalile  p."  jSa. 


of  E  N  G  L  A  N  D.  97 

Grandfather  to  the  late  King  Alexander.    Edward,  pre-  Kiag Edward  I. 

tending  a  Right  of  Superiority  over  that  Kingdom  from 

his  Anceftors,  undertakes  to  decide  the  Quarrel.     The 

Regency  of  Scotland,  to  avoid  greater  Inconveniences, 

were  forced  to  make  him  Arbitrator,  and  the  fix  chief 

Competitors  to  ftand  to  his  Award.      John  Baliol,  Lord       [  gi  ] 

of  Galloway,   and  Robert  Bruce,  Lord   of  Annandale^ 

both  defcended  from  the  aforefaid  David,  had  the  plaineft 

and  moft  indifputable  Claim.     How  Edward  play'd  his 

Cards  in  the  managing  his  real  Intention  betwixt  thefe 

two  Claimants,  is  told  at  large  in  moft  or  all  of  our 

Hiftorians,  and  is  needlefs  here.    But  fomewhat  is  ne- 

eeflary  to  premife  concerning  this  Scots  Affair,  becaufe 

the  Courfe  of  our  Parliamentary  Inquiries  is  very  much 

eoncern'd  in  it. 

The  firft  Step  that  Edward  took  in  this  Matter  was  a 
peaceable  one,  which  was  to  infure  the  Succeflion  of  the 
Kingdom  of  Scotland  to  his  Pofterity,  by  a  Marriage  be- 
twixt his  eldeft  Son,  Prince  Edward,  and  Margaret^ 
Daughter  of  Eric  King  of  Norway,  by  Margaret  the 
only  Daughter  of  Alexander,  who  was,  at  her  Grand- 
father's Death,  the  undoubted  Heirefs  to  the  Crown  of 
Scotland  5.  The  King  fent  Meflengers  into  Norway  to 
treat  about  this  Marriage,  and  Eric  gave  his  Confent  fo 
far  as  it  was  confiftent  with  the  Defires  of  the  Scots  No- 
bility, £sV.  and  the  Good  of  that  Kingdom.  The  Ar- 
ticles on  which  this  Marriage  was  to  have  been  confum- 
mated  are  at  Length  in  Dn  Brady,  and  are  unneceflary 
here.  But  this  grand  Dcfign  was  totally  fruftrated  by 
the  Death  of  the  young  Queen  of  Scotland,  in  her 
Voyage  towards  England  for  that  Purpofe,  which  left 
the  Field  open  for  the  reft  of  the  Competitors  to  purfue 
their  feparate  Claims. 

Edward  now  had  another  Game  to  play ;  and  that 
was  to  pretend  a  Right  to  an  abfolute  Dominion  over 
the  Crown  of  Scotland,   in  Cafe  of  fuch  an  Accident,  Anno  Regnj  ao< 
and  to  fet  up  himfelf  as  Umpire  in  the  feveral  Contefts         1291. 
for  that  Crown.     To  that  End  he  fummoned  a  Parlia- 
ment to  meet  at  Norbetm,  on  the  Confines  of  the  two    At  Norlatn, 
Kingdoms;  and  on  the  loth  of  May,   1291,  by  the 
King's  Command,  the  Nobility,  Prelates,  Knights,  and 

VOL.  1.  G  many 

C  She  was  called  the  Maid  of  Ntrway,  Queen  of  Scotland,     Sudan, 


p8  'The  Parliamentary  HISTORY 

King  Ed-ward  I,  many  'others  of  -both  Kingdoms,  met  at  that  Place  h; 

where  Roger  Brabanzon,  or  Brabaran,  Chief  Juftice  of 

r  02  -I       England^  in  the  Prefence  of  a  public  Notary,  and  Wit- 

"  neffes  purpofely  called,  in  the  King's  Name,  told  them. 

that,  '  He  taking  Notice  in  what  Confufion  the  Nation 

«  had  been  fince  the  Death  of  Alexander,  their  Jaft -King, 

«  and  his  Children,  (out  of  the  Affeclion  he  had  for  them 

*  and  all  the  Inhabitants  thereof,  whofe  Protection  and 

*  Safeguard  was  well  known  to  belong  to  him,  and  for 

*  the  doing  Right  to  all  that  claimed  the*Ktngdom  and 
'  the  public  Peace ;  to  fhew  them  his  Superiority  and 
6  dire£t  Dominion,  out  of  divers  Chronicles  and  Monu- 
«  ments,  preferved  rn  feveral  Monafteries)  purpofed  tc* 
6  ufe  his  Right ;  but  yet  to  do  Juftice  to  all,  withoafi 
6  Ufurpation  or  Diminution  of  their  Liberties,  and  to 
«  demand  their  AfTent  to,  and  Recognition  of,  his  Supe- 
*•  riority  and  direct  Dominion  over  them.' 

The  Chief  Juftice  having  ended  his  Harangue,  and 
the  Scots  Lords  there  prefent  undemanding  his  Meaning, 
they  required  Time  toconfult  with  fuch  of  their  feveral 
Orders  as  were  abfent ;  which  the  King  granted  them 
to  the  next  Day  only.  Accordingly  the  next  Day, 
May  II,  they  all  met  again  in  the  Church  of  Norham^ 
and  then  they  earneftly  prefled  the  King  to  give  them 
longer  Time  to  confult  with  fuch  as  were  abfent,  and 
anfwer  to  his  Demands  concerning  their  Recognition  of 
his  Superiority  and  direct  Dominion  over  the  Realm  of 
Scotland,  which  he  had  claimed  as  his  Right  *.  Upon 
Deliberation,  the  King  gave  them  Time  till  the  2d  of 
June  next,  and  on  that  Day,  precifely,  they  were  to 
anfwer  to  his  Demand  ;  and  if  they  had  any  Evidence, 
Waitings,  or  Antiquities,  which  could  exclude  him  from 
his  Right  aforefaid,  or  overthrow  his  Reafons  and  Ar- 
guments for  it,  they  were  then  to  exhibit  and  fhew  them  j 
protefting  he  was  ready  to  allow  them  what  the  Law 
permitted,  and  would  do  what  was  juft  and  equitable. 

And  that  they  might  the  better  underfiand  his  Title, 
and  make  their  Objections  againft  it,  the  Biftiop  at  Dur- 
ham k  was  appointed  to  declare  it  to  the  Nobility  and 

Pre- 

k  Cengregatis  apud  Nbrham,  ad  Regis  Mandatum,  utriufquc  Regni  Nobi- 
litat  et  cum  Prelatis,  Milititus  et  perpluritntt  aliis  in  Multitudine  copiofa  • 
Mat.  Weftm.  fub  hoc  Anna, 

i  S!uod  d:cebat  eff'e  Jut  fuum.     Mat.  Weflniinfier. 

k  Antbcny  S,ck. 


of   ENGLAND. 

Prelates  there  prefent.    The  Declaration  he  made, 
the  Arguments  he  ufed,  were  hiftorical,  and  taken  from 
the  Manufcripts;  of  Marianus  Scotus,  William  of  Malmf-      [  93  ] 
bury,  Roger  de  Hoveden,  Henry  de  Huntingdon,  Ralph 
de  Diceto,  and  the  Chronicle  of  St.  Albans,  [which  is 
M.  Paris']  '  That  the  Scots  had  been  conquered  by  feve- 
ral  of  our  Saxon  Kings;  that  feveral  of  their  Kings  had 
fubmitted  to  them,  fworn  Fealty,  done  Homage,  and 
received  the  Crown  and  Kingdom  from  them  ;  and 
that  the  Scots  had  alfo  fubmitted  and  been  governed  by 
fuch  Kings  as  the  Engli/h-Saxon  Kings  had  given  that 
Kingdom  to,  and  placed  over  them ;    that  after  the 
Conqueft  the  very  fame  Things  had  been  done,  fub- 
mitted to,  and  complied  with,  in  the  Reigns  of  Wil- 
Ham  I.  and  II.  Henry  I.  Stephen,  Henry  II.  Richard  I'. 
John,  and  Henry  III.' 

Thus  this  Affair  (lands  in  our  firft  Edition  of  this 
Work ;  but  we  have  fince  feen  a  Copy  of  this  Inftrument, 
at  large,  collected  and  printed  by  the  voluminous  Mr. 
Prynne  ;  and  large  it  is,  indeed,  being  contained  in  many 
Sheets  of  a  huge  Folio  Volume,  with  a  Preface  to  it  drawn 
up  by  himfelr".  The  Curious  may  perhaps  not  be  dif- 
pleafed  if  we  give  them  a  Tafte  of  this  Performance,  and 
(hew  them  that  our  Great  King  Edward  deduced  his 
Claim  to  the  Dominion  of  Scotland,  a  nubibus,  as  it  were ; 
that  is,  from  the  Times  of  the  High  Priefthood  ofjudea 
under  Eli  and  Samuel;  and  that  the  idle  dreaming  Story 
of  Brute  and  his  Trojans  was  at  that  Time  authenticated 
and  made  real,  by  the  whole  Legiflative  Power  of  Eng- 
land. An  Abftracl:  from  the  Preamble  to  this  may  be  feen, 
by  thofe  that  pleafe  to  read  it,  under  this  Note  J. 

G  2  After 

I  Imfritr.it,  Qualiter  fub  Tempcnbus  Eli  et  Samuelis  Propbeta  Vir  yui- 
dan  Jlrer.uut  ac  in/ignis,  Brutus  Nomine,  de  Genere  Trojanorum,  poft  Exci- 
diuin  Urb'n  Trojae,  cum  rr.ultis  Nobilibus  Trojanorum  in  quondam  Infulam 
tune  Albion  -voca'am,  a  Gigantibui  inbabitatam^  cuibuf  Jua  et  J'ucrurr.  de- 
•viatts  Potentia  et  occijis,  earn  Nomine  fuo  Britanniam,  fociofque  fuos  Bri- 
tones  appella-vit  Et  ttedificavit  Cii/itatem  quam  Troinovantum  noncupa- 
•vit,  ijiiiX  Modo  Londonia  appellatur.  Et  poftea  idem  Brutus  difiam  Injulavi 
in  tra  Pjrtes  dividens,  earn  tribui  fu  i  I  Fill is  relief  ait  pojfidendam,  Logrino, 
vide  licet,  Albinafto  et  Cambro:  Logrino  vero  qifia  primagcwto  illam  Par- 
tern  Biitannire  quse  nunc  Any;lia  vacatur,  turn  Supenoritate  et  Dominio  Par' 
iruir.j  Albanifto  -vero  f'cu ndo  fuo  nato  illam  Parttm  Britannia:, 
yute  nunc  a  b!t,mine  AlbanacfH  Albania  dicia,  nunc  vero  Scotia  nomupatur  j 
Cambro  ver»  tertiofuy  p'ilio  Partem  illam  qua:  tune  fuo  Cambria,  nunc  veto 
VVallia,  t/ofitttrur  ;  refervato  tamen  Logrino  feniori  regia  ftmper  Dignitate* 
Pctebat  tnim  Troiana  Confuetudo  quod  Dignieai  Hereditatii  Primogenito  prd- 
'•-•cnint,  tiiennio  -vert  pojl  Menem  Bruti  affl;cuit  in  AlBinia  yui'Jem  Rtx 

Hun- 


joo  The  Parliamentary  HISTORY 

King  EdwardI,  After  the  King  of  England's  Title  to  the  Dominion  of 
Scotland  had  been  thus  declared  and  publiflied,  on  the 
fecond  of  June  the  Bifliops,  Prelates,  Earls,  Barons,  bV. 
reprefenting  the  whole  Community  of  Scotland,  met,  in 
order  to  make  the  beft  Claim  they  could  to  their  own 
Country,  fays  our  Authority,  in  a  green  Plain  on  the 
Banks  of  the  Tweed,  dire&ly  oppofite  to  the  Caftle  of 
Norham,  where  Edward  then  refided  m.  To  them  was 
fent  the  Bifhop  of  Bath  and  Welh  %  to  demand,  in  the 
King's  Name,  *  What  they  had  done  fince  the  laft 

*  Meeting,  and  whether  they  would  fay,  exhibit,  pro- 

*  pound,  or  fhew  any  Thing  that  could  or  ought  to  ex- 
'  elude  the  King  of  England  from  the  Right  and  Exer- 
"  cife  of  the  Superiority  and  direct  Dominion  over  the 

*  Kingdom  of  Scotland;  and  that  they  would  there  and 
*'  then  exhibit  it,  if  they  believed  it  was  expedient  for 

*  them  ;  protefting,  in  the  King's  Name,  that  he  would 
'  favourably  hear  them,  allow  what  was  juft,  or  report 

*  what  was  faid  to  the  King  and  his  Council ;  that  upon 
€  their  Deliberation  they  might  do  what  Juftice  require!.* 

Upon  repeated  Demands  on  this  Matter,  the  Scots 
E  94  ]  anfwered  nothing;  whereupon  the  Biihop  recapitulated 
all  that  had  been  faid,  at  the  laft  Meeting,  relating  to 
the  King's  Claim  ;  and  a  Public  Notary  being  prefent, 
the  Right  of  deciding  the  Controverfy  between  the  feve- 
ral  Competitors  for  that  Kingdom,  was  entered  in  Form 
for  the  King  of  England. 

After  which  the  faid  Bifhop,  beginning  with  Robert 
Bruce,  Lord  of  Annandale,  and  one  of  thofe  that  claimed 
the  Right  of  Succeflion  to  the  Crown  of  Scotland,  he 
afked  him,  in  the  Prefence  of  all  the  Bilhops,  Earls,  Ba- 
rons, &c.  '  Whether,  in  demanding  his  faid  Right,  he 
«  would  anfwer  and  receive  Juftice  from  the  King  of 

*  England,  as  fuperior  and  diredt  Lord  over  the  King- 

'  donv 

Hunnorum,  Nomine  Humbcr,  ft  Albinaftnm  Fratrem  Logrini  oecidit.  !%u»- 
eudito  Logrinus  Rex  Britannorum  perfecutus  tji  turn,  yui  ~fugiens  fubmerfur 
eft  in  Tlumina  quod  de  Nomine  fuo  Humber  vocatur,  et  Jic  Hlbinia  rt-vcr- 
litur  ad  ttifium  Logrinum.  Iltec  autcm  in  Hifloria  Bruti.  Item  in  Cbro- 
mcis  Mariani  Scoti,  Roger!  de  Hoveden,  &c.  Bft.  Prynne'j  Supreme  Ju- 
rifdiflion,  6fc.  Vol.  III.  p.  490,  491,  &c.  Folio,  Load.  1670. 

m  Congregatii  ex  oppcfilo  Caftri  de  Norham,  ex  alia  Parte  Flumini* 
Tweci*  in  qnodam  Arta  •viridi,  £pifcoph>  Prelatis,  Comitis,  et  Barents, 
eliifquc  Noktlibm  firis,  Jiis  ad  di£lum  Regnum  vendicantibus,  &c.  Rot. 
4e  Supericritatt  Regii  Anj.  in  Turrt  Lond,  Vidt  Brady's  Complete  Hijlory, 
1F«1.  II.  p.  19. 

«  Rabat  Surnet, 


•f    ENGLAND.  101 

*  dom  of  Scotland?'  Who  prefently,  publickly,  openly,  KinS  £</Wflrrf  k 
and  exprefly,  in  the  Prefence  of  them  all,  and  the  Pub- 
lic Notary,  none  contradicting  or  gainfaying,  anfwered, 

*  That  he  did  acknowledge  the  King  of  England  fupe- 

*  rior  and  direct  Lord  of  the  Kingdom  of  Scotland,  and 

*  that  he  would,  from  and  before  him,  as  fuch,  demand, 

*  anfwer,  and  receive  Juftice.' 

The  Bifhop  then  proceeded  with  all  the  other  Com- 
petitors in  like  Manner,  who  had  the  fame  Queftion  put 
to  them,  and  -received  from  them  the  fame  Anfwer;  and 
they  did  not  only  make  this  public  Recognition,  but 
they  all  joinecj  in  Letters  Patent  to  the  King  to  corro- 
borate the  fame  d. 

The  Confequence  of  all  this  was,  that  the  Affair  of 
the  Succeffion  to  the  Crown  of  Scotland  was  debated  by 
Commiffioners  of  both  Nations  to  the  Number  of  Four- 
fcore  in  all ;  and  the  King  was  to  give  Judgment  ac- 
cording to  Equity  and  Juftice.  The  Difquifition  of  this 
Matter  is  amply  taken  Notice  of  by  ;noft  of  our  more 
modern  Hiftorians  j  and  as  the  Englijh  Parliament  had 
yet  nothing  to  do  with  the  Controverfy,  it  is  unnecef- 
iary  tare.  But  at  the  Time  that  Edward  had  appointed  Aa*°if*JJ1  ae* 
to  give  Sentence  in  this  weighty  Affair,  a  full  Parlia- 
ment was  fummoned  to  meet  at  Berwick  upon  Tweed* ',  At  Strwick. 
where  all  the  Commiffioners  appeared,  as  well  as  all  the 
Candidates,  by  themfelves  or  Proxies.  The  Competi-  [  95  ] 
tors  were,  Eric  King  of  Norw ay,  Florence  Earl  of  Hoi- 
land,  William  de  Vefey,  Patric  de  Dunbar,  William  de 
Ros,  Robert  de  Pinkeny,  Nicholas  de  Sautes,  Patric  Go- 
lythly,  John  Bahal,  and  Robert  Brace.  All,  except  the 
two  laft,  declared  that  they  did  not  intend  to  profecute 
their  Claims  any  further,  and  withdrew  their  Petitions: 
Upon  this  the  King  declared  that  they  had  no  Preten- 
iions  to  the  Crown  of  Scotland.  Jobn  Cotnyn  and  Roger 
de  A4andeville,  not  appearing  to  maintain  their  Claims, 
they  were  likewife  rejected.  After  which  the  King 
pronounced,  that  John  Comyn*  John  de  Hajiynges^  and 
Robert  Bruc;y  who  had  each  of  them  claimed  a  Right  of 
G  3  a 

d  Thcfc  Letters  Patent  ?re  preferved  in  Mattbno  Wejhtitjltr,  and  in 
Brady  s  C6mf,'e:e  Hijiory,  Vol.  II.  Afp.  N°.  ii. 

e  Sec  the  Sentence  at  large  in  Ryrr.cr's  Ftederadngli*,  Tom.  II    p.  588. 
\k/»/<r  Tv:sd«n,  in  Aula  Cajiri  t-ufdtm  l'ilt<e,  in  flent  B*r- 


102  ¥he  Parliamentary  HISTORY 

Kins  Edward  I,  a  third  Part  of  the  Kingdom,  had  no  Right  to  any  Part, 
becaufe  the  Kingdom  of  Scotland  could  not  be  divided. 

There  were  no  Claimants  remaining  now  but  only 

John  j?*//o/de-  John  Ballot;  and  he  was  accordingly  declared,  in  full 

dared  in  Parlia-  Parliament,  to  be  the  only  Perfon  that  had  a  Right  of 

Sw"S  °f    P°^eflion  f-     ^dward  therefore  adjudged  the  Crown  of 

'"*  *  Scotland  to  him  ;  faving,  however,  to  himfelf  and  Suc- 

ceflbrs,  the  Right  of  profecuting  their  Pretenfions  to  the 

faid  Kingdom,  whenever  they  thought  proper6.     Then 

he  addrefled  himfelf  to  the  new  King,  and  told  him, 

*  That  he  fhould  take  Care  to  govern  his  People  with 

*  Equity,  left,  for  want  of  executing  Juftice,  the  Sove- 

*  reign  (hould  be  obliged  to  make  ule  of  his  Right  to 
'  redrefs  their  Grievances.'  After  this  he  appointed  him 
the  Thurfday  following  to  fwear  Fealty,  and  Chrijimas- 

And  performs      ~      next  to  do  Homage  to  him  at  Newcaflle  ;  which 

Homage  to  ha-          '  i-       i      j  •  n  "***  i 

ward  for  that    were  both  accordingly  done  in  very  irrong  1  erms,  and 

Kingdom,          with  great  Solemnity  h. 

But  the  Majority  of  the  Scots  Nobility,  &V.  were  by 
no  Means  pleafed  with  the  Award  of  the  King  of  Eng- 
land,  and  blamed  him  highly  for  his  Partiality  in  the 
*.  qg  •»  Affair.  Befides,  they  began  now  to  fmell  out  Edward's 
Defign ;  which  was  to  embroil  their  Nation  in  a  Civil 
War,  and  to  make  his  own  Advantage  of  it ;  for  tho' 
Ballot's  Title  to  the  Crown  feemed  to  be  the  flrongeft, 
yet  Bruce  was  the  greater  Favourite  of  the  Nation.  But 
whether  Edward's  firft  Defign  was  an  entire  Conqueft 
of  Scotland,  or  only  to  eftablifh  the  Supremacy  of  the 
Engliji)  Kings  over  that  Nation,  we  find  is  a  Queftion 
not  clearly  anfwered  by  our  Hiftorians.  The  Public 
Aft>  have  given  us  a  Proof,  that  Ed-ward's  Claim  to  Su- 
premacy over  Scotland  was  not  well  grounded :  For,  ex- 
cept the  Homage  done  by  William^  the  Scots  King,  to 
Henry  II.  as  mentioned  before,  there  was  never  any 
other  Proof  of  Homage  made  by  the  Kings  of  Scotland 
for  the  whole  Nation.  As  a  Teftimony  of  this,  the 

Col- 

f  Baliol  was  defcended  from  the  eldeft  Daughter  of  David  Earl  of  Hun- 
tingdon, wheieas  Bruce  fprung  only  from  the  fecond.  TheCuftom,  as  well 
of  England  as  Scotland,  was,  tha'  the  Defcendant  of  the  eldeft  Daughter, 
tho'  more  remote,  was  preierabJe  to  a  neaier  coming  fiom  the  youncer. 
Brady. 

£  Salva  Jure  ejufdem  Domini  Regis  Angliae,  et  Hcfredum  fuorum  cum. 
•voluerunt  inde  loqui,  Rymer't  Fadera  Anglia;,  Tom.  II.  p.  589. 

h  Apud  Novum  Caftellunn  fupcr  Tynam,  in  Aul»  Palatii  ifjius  Dcmiti 
Regit  infra  Caftruw)&c»  Ibid,  p,  593. 


of   EN  GLAND.  103 

•Collection  aforefaid  gives  us  an  Inftrument,  whereby  weKingFiftvWL 
find  that  Edward's  High  Chamberlain  having  demanded 
of  Baliol  the  Fees  due  from  the  Vaflals  when  they  did 
Homage,  there  was  no  Precedent  of  them  to  be  found; 
So  that  Edward  was  forced  to  call  a  Parliament  at  IVejl- 
minfler  foon  after,  where,  by  their  Advice,  he  fixed  the 
Fees  at  Twenty  Pounds  Sterling;  which  was  double  the 
Sum  paid  by  an  Earl  on  the  like  Occafion  '. 

It  was  not  long  after  this  that  Baliol  found  the  bad 
Effe&s  of  his  Subjection,  being  often  furnmo'ned  to  ap- 
pear before  Edward  in  Perfon,  on  the  bare  Complaints 
of  private  People ;  by  which  he  was  become  rather  the 
abfolute  Slave  than  VafTal  to  the  King  of  England.  And, 
in  a  Parliament  held  about  Michaelmas  1293,  this  King 
of  Scotland  was  obliged  to  ftand  at  the  Bar,  lilce  a  private 
Perfon,  and  anfwer  to  an  Accufation  brought  againft  him, 
for  denying  Juftice,  and  imprifoning  the  Earl  of  Fife  k. 
This  was  a  great  Mortification  for  a  Crown'd  Head,  but  [  97  ] 
Edward  was  bent  upon  {hewing  him,  by  this  Conduct, 
what  he  was  to  expect  from  him  for  the  future.  Baliol^ 
in  Plea  to  the  Accufation,  alledged  that,  as  it  concerned 
his  Crown,  he  could  not  anfwer  to  it  without  firft  advi- 
fing  with  his  Subjects  l.  This  Excufe  not  being  deemed 
valid,  the  Parliament  ordered  that  three  of  his  principal 
Catties  ihould  be  feized  into  the  King's  Hands  till  he 
gave  full  Satisfaction  m.  The  Englijb  Authors  affirm, 
that,  before  the  Sentence  was  pronounced,  Baliol  pre- 
fented  a  Petition,  acknowledging  the  Sovereignty  of  the 
King  of  England  over  Scotland^  and  praying  Edward  to 
allow  him  Time  till  he  could  confult  his  Parliament  n. 
As  foon  as  he  had  ftoop'd  Ib  low  as  to  petition,  his  De- 
mand 

»   Rymcr's  Fted.  Tom.  II.  p.  600. 

A  Copy  of  this  Award  is  ajfo  amongd  the  Parliamentary  Records,  in 
Lord  Wilmington  s  Copy  of  them,  from  Rot.  clauf.  22  Ed-a>.  1.  m.  8.  dorfo. 

fc  Buchanan  pretends  that  it  was  by  Accident  that  Halizl  happened  to  be 
in  that  Parliaments  His  Words  are,  '  As  Baliol  was  casually  fitting  by 

*  Edward  in  the  Parliame.it-Houfe,  and  when  he  was  called  would  have 

*  anfwe.ed  by  a  Prowler,  it  was  denied  him,  fo  that  he  was  forced  to  rife 

*  from  his  Seat,  and  to  plead  his  Caufe  trom  a  lotver  Place.'     Buchanan's 
Hiftory  of  Scotland 

1  The  whole  Procefs,  after  the  Summons,  of  this  Matter,  relating  to 
Macduff,  the  Son  of  Malcolm  Earl  of  fife,  is  at  large  in  Rj/efs  Pladta 


-.'.aria, 
m  TI.e  (Jaftles  we 
u  The  Petition 
Council,  and  dclive 


92,  C7c. 

c  thofe  oijcdburgb,  Berwick,  and  Roxlurgb.  Rymer. 
:as  made  by  his  own  Mouth,  before  the  King  and 
ed  in  Writing.  The  Form  of  it  is  in  Rylty\  Placit* 
59,  iu  r.iencli,  tranllsteci  bjlyntl,  Vol.  11.  p.  76. 


104  73*  Parliamentary  HISTORY 

King  Ed-ward  l.  mand  was  granted,  and  a  certain  Day  was  affigned  him 
to  appear.  The  Scots  King  went  back  into  his  own 
Country,  but  fo  incenfed  at  the  Affront  he  had  received, 
that  he  was  bent  upon  trying  all  Means  to  free  himfelf 
from  fo  intolerable  a  Yoke. 

But,  while  we  are  thus  attending  Scots  Affairs,  we 
jnuft  not  forget  the  Englijb ;  and  we  find  in  our  Statute 
Books  fome  Laws  that  were  made  in  the  Year  1290, 
2O  Edw.  I.  The  firft  is 

The  Statute  of  Vouchers,  &e.  by  his  Counfel  or- 
dained, that  from  henceforth,  that  is,  from  the  Feaft  of 
St.  Hilary,  the  20th  Year  of  his  Reign. — Sine  Loco. 

2.  Statute  of  Wafte.—The  King  in  his  full  Parlia- 
ment holden  the  Day  after  the  Feaft  oi  Purification,  the 
20th  Year  of  his  Reign. — Sine  Loco. 

3.  Statute  of  defending  Right.— Done  in  full  Parlia- 
ment, Monday  next  after  the  Feaft  of  Purification,  the 
20th  Year  of  his  Reign. 

None  of  thefe  Statutes  mention  the  Place  where  they 
were  made.  There  are  two  Adts  of  State,  in  Rymer,  of 
this  Year ;  the  one  of  Jan.  2,  the  other  of  March  26, 
both  dated  at  Weflminjler  ;  but  whether  in  the  Time 
of  this  Parliament  or  not,  is  uncertain.  There  is 
alfo,  in  the  Margin  of  the  Manufcript  of  the  Annals  of 
Dunjlable,  from  which  T.  Hearr.e  publifhed  his  Edi- 
tion, [p.  598]  a  Memorandum  to  this  Purport,  Hoc 
placitatur  cor  am  Rege,  et  in  Parliamento  fuo  Termino  Hi- 
larii,  An.  20  Ed.  I.  Rot.  14,  which  agrees  with  the  above 
Dates,  as  alfo  with  what  is  quoted  from  Ryley,  at  Note  y 
[p.  90,  95]  above  a;  and  this  is  all  the  Information  we 
can  get  from  old  Hiftorians  about  this  Parliament. 

The  next  Year,  which  was  the  21  ft  of  Edward  I. 
1293,  we  have  fome  Evidences  of  another  Parliament 
being  held,  wherein  two  other  Statutes  were  made,  as 
appears  by  Rajlell :  One,  the  Statute  of  Perfons  to  be 
put  in  Affizes,  in  his  Parliament  holden  in  the  Term  of 
St.  Michael,  the  21  ft  of  his  Reign  ;  the  other,  the  Sta- 
tute of  Trefpafles  in  Parks,  in  his  Parliament  after 
Eajler,  in  the  2ift  Year  of  his  Reign,  at  the  Inftance 
of  the  Nobles  of  the  Realm. 

The  Annals  of  Dunjlalle   mention  this  Parliament 

held  after  Eafter  this  Year  at  London  ;  and  The.  Wykes 

a  Sec  alfo  Note  i  [p.  96,  103].  fpeaks 


of    ENGLAND. 

fpeaks  of  a  great  Aflembly,  Colloquium^  at  the 
Time.  The  other  Hiftorians  are  filent.  Mr.  Ryley 
indeed  gives  us  feveral  Pleadings,  which  he  fays  were 
in  a  Parliament  held  this  Year,  after  Eafter^  apud  Lon- 
don, in  Manerium  Arcbiepifcopi  Eborum ;  but  fince  Par- 
liaments about  this  Time  come  fo  faft  upon  one  another, 
we  know  not  what  to  fix  on  for  thefe  Tranfactions  * 

In  the  22^  Year  of  this  King  we  meet  with  another 
Parliament,  or  great  Aflembly,  which  was  very  remark- 
able in  its  three  diftinct  Summons  b.  The  firft  to  Weft- 
niinjler,  foon  after  l^hitfuntide^  to  the  Nobility ;  the 
fecond  of  the  Bifliops  and  Clergy  at  Wefiminfier,  in  Fejio 
S.  Matthxi ;  and  the  laft,  in  Crajlino  S.  Martini,  of 
the  Laity.  The  Writ  for  fummoning  the  Clergy  is 
extant  in  the  Public  Afts^  Tom.  II.  p.  652,  dated  at 
Portfmouth,  Auguji  19,  this  Year ;  wherein  not  only  the 
Bifhops  and  Abbots,  but  the  whole  Convocation  were 
fummoned. 

Our  oldeft  Hiftorians  mention  this  Parliament  with 
feme  Variation  ;  the  Times  were  very  much  confufed, 
and  confequently  the  Writers  of  them  could  not  be 
much  better.  Probably  the  Scots  Wars,  which  began 
about  this  Time,  occafioned  this  Inconfiftency  amongft 
them  ;  and  as  thole  Wars  are  very  connective  with  our 
Parliamentary  Hiftory,  we  {hall  follow  them  as  clofely 
as  the  Nature  of  our  Subject  will  bear.  "John  Baliol*  the 
new  King  of  Scotland,  was  greatly  incenfed  againft  King 
Edward  for  his  laft  ill  Treatment  of  him,  as  has  been 
laid,  and  therefore  rcfolved  to  {hake  off  his  Yoke  as 
foon  as  poffible  ;  and  about  this  Time  an  Accident 
happened  which  encouraged  him  greatly  in  his  Revolt. 

The  King  of  France  had,  by  a  Stratagem,  feized  up- 
on the  Diftrict  of  Guienne^  in  Normandy^  on  fo  flight  an 
Occafion  as  a  private  Quarrel  betwixt  fome  Englijb  and 
French  Mariners.  Edward  acquainted  this  Parliament 
with  the  Lois  of  Guienne,  and  the  ill  Ufage  he  had  re- 
ceived from  the  French  King.  "John,  King  of  Scotland, 
was  prefent  at  this  Parliament ;  and,  when  they  were 
told  by  Edward's  Ambafiadors  the  {huffling  Anfwers  [  98  ] 
they  had  from  the  French  King,  it  was  unanimoufly 

icfolved. 

a   Rf/t/s  Pla:ft.  Parl.  p.  1 14. 

fc  Archbifhop  Wake. 

Circa  Pentccojhn,    Annales  ffj-gcrn. 


io6  T&e  Parliamentary  HISTORY 

King  Edward  I,  yefolved  to  recover  the  Duchy  of  Guitnne  by  Force  of 
Arms  P.  John  Baliol  himfelf  granted  to  Edward,  to- 
wards the  Expence  of  this  War,  the  Revenues  of  his 
Paternal  Eftate  in  England  for  three  Years  ;  a  Copy  of 
his  Countenance  only  for  that  Time.  For, 

S«*W  revolt*  j  Notwithftanding  this  Conceffion  of  the  Scots  King, 
he  hoped  for  greater  Advantages  from  this  Rupture;  and 
accordingly  he  concluded  a  fecret  Alliance  with  the 
„  King  ofFrane/t  and  promifed  to  invade  England  as  foon 
as  Edward  tranfported  his  Armies  abroad.  Edward 
got  Intelligence  of  this  Plot,  contrived  againft  him  at 
Paris,  by  Means  of  Prince  Edmund  his  Brother,  who 
was  juft  returned  from  thence;  and  therefore  the  King 
afked  an  Aid  from  both  Clergy  and  People,  to  enable 
him  to  raife  Forces  to  withftand  thefe  dangerous  Enemies. 
On  which  the  Laity  readily  gave  the  King  a  Tenth  of  all 
their  Goods,  except  fome  fmall  Jewels  ;  but  the  Clerey 
more  liberally  and  chearfullyd  gave  him  one  Half  of 
theirs,  indiftindly,  according  to  the  Taxation  made  by 
the  Bifliops  pf  Wmcbejler  and  Lincoln.  The  Merchants 
alfo  of  the  Realm  contributed  a  Seventh  of  their  Goods 
for  the  fame  Purpofe  c. 

This  liberal  Grant  to  the  King  from  the  Clergy  did 
not,  however,  fave  them  from  further  Depredations ; 
for,  very  foon  after,  he  made  a  Seizure  of  all  the  ready 
Money  and  Treafure  he  could  find  depofited  in  Churches, 
Monafteries,  &c.  throughout  England  in  one  Day  f ;  by 
which  he  muft  have  amafled  a  vaft  Sum  :  And  being 
flufhed  with  thefe  Acquifitions,  Edward  defied  all  his 
Enemies  ;  and  fent  two  Dominican  Friers  into  France^ 
to  renounce  all  Homage  to  the  King  thereof,  which 
was  due  to  them  from  the  Kings  of  England,  fince  the 
Time  of  the  Conqueft.  The  original  Meflage  in  French 
is  in  the  Public  Aci^  ad  Ann.  1294,  but  without  any 
Date. 

Other  Writers,  and  thofe  Monks  too  E,  tell  you  that 
the  Clergy  were  not  fo  free  in  making  fo  large  a  Grant 

as 

?  M»t.  Weftminfler,  fub  loc  Anno. 
**•  Liberal! ter  &  gratanter. 

«  Annaies  1.  ygorti.   p.  515.   de  Dunftalh,  p.  6az,   623. 
f  Htaangfard,  p.   43,  'ad  An.  1203,  4°.  Die  Juiii,   hera   3*.     The 
King  fe'zed  all  their  Wool  alib,  and  kept  it  till  it  was  redeemed  at  a  fixed 

£  Mat,  Wejlminjler.  Annal.  Wygwn* 


^ENGLAND.  107 

as  the  King  demanded  of  them  ;  but  that  when 
were  debating  about  it,  a  certain  Knight,  called  Sir  John 
Havering,  «vho  had  been  Governor  of  Guienne,  came 
amongft  the  Clergy,  as  they  were  fitting  in  the  Monks' 
Hall  at  IVejlminjler,  and  faid,  by  Authority  no  doubt, 
4  Reverend  Fathers,  if  any  of  you  dare  to  contradict  the 
'  King's  Commands  in  this  Bufinefs,  Jet  him  ftand  forth 

*  in  the  Midft  of  this  Affembly,  that  his  Perfon  may  be 
4  known  and  taken  Notice  of,  as  a  Breaker  of  the  Peace 

*  of  the  Kingdom.'  At  which  Words  they  all  fat  filent, 
and    made   no  Oppofition  to  the  King's  Demand,  as 
they  had  often  done  in  the  Time  of  his  Father. 

They  had  the  Courage,  however,  on  the  Credit  of 
this  extraordinary  Grant,  to  afk  the  King  foon  after 
for  a  Repeal  of  the  Mortmain  A61  ;  to  which  the  King 
anfwered,  That  it  was  done  in  full  Parliament,  and 
could  not  be  repealed  but  in  another  h. 

In  the  Courfe  of  this  Parliament  and  of  fome  prece- 
ding, we  do  not  find  many  Traces  of  what  different 
Members  they  were  compofed,  the  Writs  for  calling 
them  being  loft.  The  lower  Order  being  moftly  com- 
priz'd  in  the  general  Word  Populus ;  fo  Magnates,  Clerus9 
et  Populus,  contains  all  the  three  Orders,  as  delivered 
down  to  us  by  our  Monkifli  Writers.  Prynne,  in  his 
P^egifter,  Part  II.  p.  31,  mentions  two  Writs  from  the 
King  to  the  Sheriff  of  Northumberland ;  [clauf.  22d  of 
Edw.  L  m.  6.  dorfo]  the  firft  dated  Ofl.  8,  at  Wefl- 
minjler,  to  fend  two  Knights  ;  the  next*  O^u^r  9,  ibid. 
to  fend  two  more  Knights,  who  were  to  be  at  Wejlmin- 
fter  in  Graftino  5.  Martini ;  but  no  Mention  of  Citi- 
zens or  BurgeiTes.  Dugdale,  in  his  Summons  to  Par- 
liament, p.  7,  has  publifh'd  the  lame  Writs  with  Prynne^ 
and  from  the  fame  Rolls,  but  in  different  Words ; 
for  he  cxprefly  fays,  Et  de  qualibet  Givitate,  ejufdem 
Comitatus,  duos  Gives,  et  de  quolibet  Burgo  duos  Bur- 
genfes.  If  this  laft  be  right,  it  is  fome  what  ftrange  that 
Mr.  Prynne  fliould  mifs  it,  who  collected  every  Thing 

that 

l>  Walter  Hemlngford,  p.  52,  &t.  ConJiHo  Mjfrnatum  faorum  fafiunt 
tratt  el  uieo  ably;  tor um  Conjih'o  non  erat  re-vocandum, 

It  is  fo'd  that  William  Montford,  Dean  of  St.  Pjul's,  had  prepared  a 
Speech  to  work  the  King  to  a  milder  Resolution.  The  Man  feem'd  to  be 
very  well  wtvn  he  cume  to  Court ;  but  alter  he  was  brought  into  the  Fre- 
fence,  and  had  be2un  hjs  Harangue,  he  :  .xpircd,  Mat. 


io8  The  Parliamentary  HISTORY 


.that  was  in  Favour  of  the  Houfe  of  Commons  relating 
to  the  Antiquity  of  that  Houfe.  -  But  to  return  to  the 
Hiftory  of  Scots  Affairs.  - 

King  Edward,  as  we  have  faid,  having  got  this  large 
Supply  from  his  People,  inftead  of  France,  intirely  bent 
his  Mind  on  the  Conqueft  of  Scotland,  which  would  be 
of  much  greater  Importance  to  him  than  the  other.  But 
to  prevent  the  King  of  Scotland's  Defigns,  he  demanded 
of  him  the  three  Cafiles  aforementioned,  which  Balicl, 
to  amufe  and  gain  Time,  actually  delivered  him  s.  So 
fays  an  A6t  of  State  in  Rynier  ;  but,  notwithstanding 
that,  it  does  not  appear  that  the  King  of  England  had 
thofe  Caftles  in  Porte/lion  till  he  had  conquered  all.  - 
Hemingferd,  who  is  very  particular  in  this  TranfaiEtion, 
tells  you  the  Demand  of  them  was  defpifed  ;  and  gives 
us  a  Copy  of  the  Refignation,  or  Difclaim  of  Homage, 
which  he  fays  was  delivered  to  King  Edward  zt  Berwick, 
after  he  had  taken  that  Fortrefs  by  Force  of  Arms.  And 
being  now  affined  of  his  Revolt,  Edward  loft  no  Time 
with  him,  but  marched  his  whole  Army  directly  for 
Scotland;  and  '  Baliol,  being  certain  of  ArTiftance  from 
France,  bids  Defiance  to  King  Edward,  renounced  his 
Oath  and  his  Allegiance,  as  unlawfully  promifcd  ;  al- 
ledging  that  it  was  not  in  his  Power,  without  the  Con*- 
fent  of  the  States,  to  do  any  fuch  Acts. 

I  99  J  '  And  now,  fays  an  Hiftorian1,  began  the  Contefts 

'  between  the  two  Nations,  which  fpilt  more  Chriftian 

*  Blood,  did  more  Mifchief,  and  continued  longer  than 
'  any  Wars,  that  we  read  of,  between  any  two  People 
'  in  the  World  :  For  all  the  Kings  which  fucceeded  for 

*  three  hundred  Years  together,  even  to    the   blefled 
'  Union  of  them  by  King  James  I.  had  their  Share  more 
'  or  lefs  in  this  Quarrel.     And  though  England,  being 
'  much  the  greater  and  ftronger  Nation,  had  the  good 
'  Fortune  often  to  overcome,  yet  it  was  with  fo  great 
'  Expence  of  Blood,  Time,  and  Treafure,  that  what 

*  (he  got  coft  more  than  it  was  worth,  and  was  fooa 
fc  loft  again  ;  the  Scots  being  never  fo  fully  fubdued,  but 

*  that  they  were  foon  for  recovering  their  Liberties  again, 
'  and  that  with  Succefs.     So  that  Providence  may  feem 
'  to  decree  no  Union  firm  between  thel'e  two  Nations, 

that 

*  See  RymeSs  Feed.  Tom.  II.  p.  692.  Waller  lltmirgford,  p.  83,  84. 
Xicbvlas  1  rivet. 

»  3*tr..  Dtiniil  in  Kennet. 


^/ENGLAND.  109 

«  that  was  made  by  Force,  but  by  the  milder  Way  of  KingWHwrfl. 
*  Peace  and  Succeffion.' 

We  (hall  purfue  thefe  Scots  Wars  no  farther  than  is  But  ;,  tgaiftte. 
confiftent  with  our  Defign  ;  fufficient  it  is  to  fay 'that  duced. 
Edward,  in  a  very  fmall  Space  of  Time,  over-run  all 
Scot/and,  and  reduced  Baliolt  with  the  reft  of  the  No-  Anno  Regni  aj« 
bility,  to  fue  to  him  for  Peace.  After  which  he  called  a        1295* 
Parliament  to  meet  at  London  the  fame  Year,  in  order    At  London. 
to  treat  with  two  Cardinal  Legates,  who  were  fent  from 
Rome  to  compofe  the  Differences,  if  they  could,  be- 
tween England,  France,  and  Scotland,  then  fubfifting, 
and  ftop  the  Effufion  of  more  Chriltian  Blood  amongft 
them. 

Several  old  Hiftorians  mention  this  very  Parliament, 
tho'  not  at  all  touched  on  by  the  new.  The  Annals  of 
Dunftable  tell  us,  That  a  Parliament  was  held  at  Lon- 
don, on  the  Kalends  of  Augujl  this  Year,  in  the  Pre- 
fence  of  the  Legates.  Heminpford  is  ftill  more  particu- 
lar ;  for  he  fays,  at  which  Day,  [viz.  Feflum  S.  Petri 
ad  yincula~\  the  King,  with  his  Great  Men,  as  well 
Clergy  as  Laity  n,  called  particularly  on  the  Occafion, 
met  thefe  Cardinals,  and  received  them  with  great  Joy 
and  Honour.  The  Annals  of  IVorceJier  alfo  mention  a 
Parliament  at  London  that  met  on  the  Day  abovefaid, 
on  Account  of  the  Cardinals  ;  and,  laftly,  in  Sir  Wil- 
liam Dugdale's  Summons  to  Parliament,  you  have  thofe 
to  the  Barons,  at  this  Time,  to  meet  on  the  firft  of 
Augujl, and  dated apud  album  Monajlerium,  l^Dle  Junii, 
Anno  Regni  23. 

It  was  the  whole  Bufmefs  of  this  Parliament,  as  far 
as  we  can  find,  to  meet  thefe  Cardinals,  and  hear  what 
they  could  fay  in  relation  to  pacifying  the  Differences, 
then  chiefly  fubfifting  bet  ween  the  Crowns  of  England  and 
France  ;  for  Scotland  was  very  near  a  conquered  Country 
at  that  Time  :  But  all  their  Labour  was  in  vain  ;  for 
tho'  they  came  over  with  three  Proportions,  either  for 
a  Peace,  a  general  Truce,  or,  laftly,  for  a  Ceflation  of 
all  Hoftilities  at  Sea,  till  Articles  for  a  Peace  could  be 
framed,  they  fucceeded  in  no  Part  of  the  Bufmefs  they 
came  for.  They  were  told  that  the  King  of  England 
had  entered  into  a  ftri£r,  Alliance  with  the  Emperor,  and 

fome 

a  His  Words  are,  Ortnes  Megrwu,  text  Cltri  qt:em  Pof.u!rt  p.  63, 


JIO  Tie  Parliamentary  HISTORY 

fome  Flemifo  Princes,  againft   France;  and  therefore, 
without  their  Content,  he  could  do  nothing0. 

The  fame  Year,  1295,  another  Parliament  was  call'd, 
I295-  or  it  was  by  Prorogation  of  the  laft,  to  meet  at  J^eji- 
mlnjier  about  the  Feaft  of  S.  Martin  in  Hyeme  ;  and 
there  is  in  Dugdale  the  Summons  of  the  Archbifhop  of 
Canterbury,  the  Bifhops  and  Prod-ors  of  the  Clergy,  to 
meet  as  above,  on  the  Sunday  after  S.  Martin,  tejle  Rege 
apud  Wengham,  30  Die  Sept.  The  Writs  for  fum- 
moning  all  the  Members  to  this  Parliament  are  ftill  ex- 
tant p  ;  and  Prynne  has  given  us  the  particular  Writs  for 
calling  the  Knights,  Citizens,  and  BurgeiTes  to  meet  at 
the  fame  Time  q.  But,  it  being  Winter,  and,  as  we 
fuppofe,  the  more  diftant  Members  not  being  able  to 
get  up,  they  were  further  prorogued  to  the  Sunday  bc- 
ibre  St.  Andrew  following  r. 

The  only  remarkable  Thing  which  happened  in  this 
Parliament,  was  a  Difpute  between  the  King  and  the 
Clergy  about  Taxes.  The  jfnnals  of  IVoreefter  are  very 
particular  as  to  what  paffed  between  the  King,  the 
Archbifliops  and  Clergy,  on  this  Occafion  ;  and,  prin- 
cipally, on  the  Care  the  King  took  to  fecure  the  Payment 
of  the  Taxes  laid  on  the  Poffeflions  of  the  Alien  Clergy 
in  England.  Mat.  Wejlmlnjler  is  yet  more  exact  than 
the  former  Authority ;  for  he  writes  that,  on  the  Eve  of 
St.  Andrew,  [Nov.  29]  the  King  met  his  Clergy,  Great 
Men,  and  Commonalty  3,  afiembled  at  Wefiminfltri 
when  he  told  them  his  Wants,  the  prefent  State  or"  Af- 
fairs, and  afk'd  a  fufficient  Supply  for  the  Defence  of 
the  Kingdom.  The  Barnns,  and  others  of  the  Laity, 
very  readily  granted  the  King  an  eleventh  Part  of  their 
Goods,  as  the  Year  before  they  gave  a  Tenth  ;  and  of 
the  Merchants  he  had  a  Seventh,  inftead  of  a  Sixth 
granted  laft  Year.  The  Archbifhops,  with  the  reft  of 
the  Bifhops  and  Clergy,  went  by  themfelves,  and  de- 
bated of  this  Matter,  when  they  unanimoufly  agreed  to 
allow  the  King  a  Tenth  of  their  Spiritual  Revenues. 
This  they  offered  to  the  King;  but  it  was  refufed,  and 

there- 

•  Mat.  Weftminfter.  fxb  bcc  Anno. 

P  See  Brady  on  Boroughs.     Willis '&  Kotitia  Parliament  aria, 
q  Prynne%Pariimntntarf  Rcgifier,   Pait  II.  p.  30.      Dated  at  Canter- 
kury,  OHober  3. 

*  Dugdale  s  Summon,  p.  10,  u.     Dated  at  Odimere,  November  2. 
«  Acctrfito  Clcrtf  Mzgnattbxiy  et  Po^ulo,     M.  Wdtmiufter. 


^ENGLAND.  in 

therefore  they  retired  to  confult  further  about  it.     The  King  W»«rrfl, 
King  obferving  their  Obftinacy,  fent  the  Chief  Juftice  of 
the  King's  Bench,  with  the  reft  of  his  Brethren  amongft 
them,  who  faid,   *  My  Lords  the  Bifhops,  the  King 
'  commands  you  to  give  him  a  Third,  or  at  leaft  a 

*  Fourth,  of  your  Spirituals  ;  for  what  you  have  offered 

*  he  will  not  accept  of:  Therefore,  come  down  and  obey 
'  the  King's  Command.'     But  the  Biihops  and  Clergy 
were  obftinate,  and  ftuck  to  their  firft  Propofal  j  nor 
did  they  yield  when  the  Lord-Chancellor  was  fent  to 
them  from  the  King  on  the  fame  Errand  ;  fo  that  Ed- 
wardy  rinding  them  inflexible,  was  glad  to  accept  their 
Gift  to  him  on  their  own  Terms.   This  laft,  and  fome 
former  Teftimonies  of  the  Clergy's  Stubbornnefs,   in 
difputing  his  Commands,  gave  Edward  Reafon  to  think 
that  he  mould  never  rule  them,  without  putting  ftronger 
Curbs  into  their  Mouths  than  had  hitherto  been.  Accord- 
ingly we  find  that  fomething  very  confiderable  that  Way 
was    now   done  ;   for,  in    the  Councils   of  this   Year, 
there  is  the  Writ  for  fummoning  the  Archbifhop  of  Can- 
terbury to  this  Parliament  with  the  Pramunientes  Claufe 
in  it;  which,  according  to  Archbifhop  Jf^ake^  was  the 
firft  Time  it  had  been  ufed  in  Forms  of  that  Nature.— - 
But  to  return  again  to  Scots  Affairs. 

King  Edward,  after  he  had  thus  fettled  Matters  in  Anno  Regal  14} 
the  South,  turned  his  Eyes  Northward  again,  and  fum-  "96* 
moned  another  Parliament  to  meet  at  Berwick  on  the 
24th  of  Auguft,  1296,  in  the  24th  Year  of  his  Reign. 
As  this  Parliament  was  called  to  a  Town  on  the  Con- 
fines of  both  Kingdoms,  fo  was  it  defigned  to  fettle  and 
fecure  his  new  Conqueft  of  Scotland  upon  the  moft  laft- 
ing  Foundation.  Accordingly  a  very  numerous  Affem- 
bly  of  the  Englijh  Nobility  and  Gentry  appeared  on  this 
extraordinary  Occafion.  Thither  came  alfo  the  Scots 
Nobility,  and  did  their  Homage  and  Fealty  to  him  in  a 
mofl  fubmiffive  Manner;  binding  themfelves  by  Letters 
Patent,  figncd  with  their  Seals,  to  ferve  him  faithfully 
againft  all  Nations,  and  to  come  to  his  Afliftance  at  any 
Time  and  Place  he  mould  require  them  :  Moreover, 
they  all,  upon  the  bleffed  Evangelifts,  folemnly  fwore  to 
obferve  all  this  before  the  whole  Englijh  Parliament. 
The  Form  ef  thefe  Letters  Patent,  which  were  fworn 

to 


JI2  *Ihe  Parliamentary  HISTORY 

King  Edward  I.  to  fifigly  by  all  the  Scots  Nobility,  is  preferred  by  Henry 
Knyghton,  Canon  of  Leicejier  u,  in  the  old  Norman  or 
French  Language,  which  we  judge  deferves  a  Place  in 
our  Hiftory  j  and  the  rather,  becaufe  we  find  them  ta- 
ken Notice  of  by  few  other  Hiftorians.- The  Tranf- 

lation  of  it  is  as  follows  ; 

[  100  ]          To  all  thofe  whom  tbefe  Letters  fnall  either  fee  or  bear, 

&c.  Greeting^ 

The  Oath  of  «  T)Ecaufe  that  we  are  at  prefent  under  Subjection  to* 
xTn'V^W0'  4-5  the  Thrice-noble  Prince,  and  our  dear  Lord,  Sir 
fcy^ll  thTsve/j'  Edward,  by  the  Grace  of  God,  King  of  England* 
Peers,  before  the '  Lord  of  Ireland,  and  Duke  of  Aquitain,  we  do  faith- 
Parlu-  t  fuj]y  prOmifc,  for  ourfelves  and  for  our  Heirs,  uport 

*  Pain  of  Body  and  Eftate,  that  we  will  ferve  him  truly 
'  and  loyally  againft  all  Manner  of  People  that   may 

*  live  and  die,  whenever  We  (hall  be  required  or  com- 

*  inanded  by   our  laid  Lord  the  King  of  England^  of 

*  his  Heirs ;  that  we  will  hinder  him   from  Damage 

*  as  much  as  we  can,  and  fet  upon  his  Enemies  with  all 

*  our  Forces  wherever  they  may  be  found.    And  to  the 
'  End  that  we  may  firmly  keep  and  hold  thefe  Prefents, 

*  we  do  bind  ourfelves,  our  Heirs,  and  all  our  Goods  j 

*  and  we  have  fworn  to  this  upon  the  blefled  Evangelifb. 

*  Befides,  all  we  that  are  prefent,  and  every  of  us  fepa- 
'  rately,  have  done  Homage  to  our  Lord  the  King  of 
'  England  in  thefe  Words  i 

IF  Will  le  true  and  loyal,  and  bear  true  Faith  and  Allegi- 
•*•  ance,  to  Edward  King  s/"Ene;land,  and  his  Heirs,  and 
ferve  him  ivith  Life  and  Limb,  and  do  him  all  earthly 
Honour,  againft  all  Manner  of  People  that  may  live  and 
die ;  and  from  henceforth  I  will  not  bear  Arms,  nor  be 
(tiding  in  Counfel,  againft  him,  or  againft  his  Heirs,  on 
any  Caufe  who tfo ever.  So  help  me  God  and  all  the 
Saints. 

In  Witnefs  of  thefe  Things  we  have  made  thefe  Let- 
ters Patent,  and  fcaled  them  with  our  Seals. 
Given  at  Berwick  upon  Tweed,  this  28th  Day  of  Au~ 
gnft,  in  the  Year  of  the  Reign  of  our  faid  Lord  the 
King  of  England  twenty-four. 

The 

«  De  Eventibus  Anj.liae,  inter  Decem  Script,  col,  2482.     They  are  alf» 
in  the  Feed,  /Ing.  Tom,  II.  p,  718, 


-of    ENGLAND.  113 

The  Charter  of  Robert  Bruce,  and  fome  other  Lords,  King  Ed-ward  I, 
begins  thus : 

"To  all  tbofe  to  whcm  thefe  prefent  Letters  foall  come,  or 

hear;  Patrick  Earl  cf  March  rfWDunbar;  Gilbert     C  1OX  3 
de  Umfreviie,  Earl <?/Angus;  Robert  de  Bruce,  the 
Elder  \  Robert  de  Bruce//;*  Younger \  the  young  Earl 
c/Carrick,  Greeting. 

*  TfJEcaufe  that  we  now  are,  and  ever  (hall  be,  in  the 

*  J3  Faith  and  Power  of  the  Thrice-noble  Prince, 
'  and  our  dear  Lord,  Sir  Edward,  by  the  Grace  of  God, 

*  King  of  England,  £5V.'-^-The  reft  in  near  the  fame 
Terms  as  the  former. 

This  Charter  of  Submifiion  is  alfo  given  us  in  Hem- 
ingford,  omitted  in  Rymer  ;  but  the  only  Particularity 
-in  it  is  the  Date,  [March  25]  fome  Months  before 
the  others,  and  even  before  Ballot's  Submiffion,  which 
bears  Date  on  the  fecond  of  July  following.  There 
are  two  Ad~ls  in  Rymer  [p.  714]  which  feem  to  con- 
firm this,  they  are  dated  at  Roxburgh,  May  14;  one 
to  Robert  Bruce  the  Elder,  ad  recipiendum  Homines  de 
Marchiis  ad  Pacetn  ;  and  the  other  to  Robert  Bruce  the 
Younger,  ail  recipiendum  ad  Pacem  Homines  de  Comi- 
iatu  de  Carrick.  And  John  Fordun,  the  Scots  Chroniclar, 
tells  us,  That  Edward  had  made  fome  Promifes  to 
Bruce,  before  his  Expedition  againft  Scotland. 

Edward  having  received  all  their  Submiffions  to  him  The  King  of 
in  the  Manner  above,  conftituted  a  new  Treafurer  for  £"£^apPoint3 
Scotland,  and  ordered  a  new  Great  Seal;  he  alfo  named ^s^tlanJ. 
a  new  Chancellor  and  Judges,  and  ordained  that  all  thofe 
who  held  any  of  the  Royal  Demefnes  {hould  be  called 
upon  to  do  Homage  for  the  fame;  and  all  other  Tenants 
whatfoever  fhould  fwear  Allegiance  to  him,  and  own 
themfelves  his  Subjects  ;  and  this  to  be  done  by  every 
Man's  written  Deed,  in  perpetual  Memory  of  this  Con- 
quelt.  He  made  alfo  the  Earl  of  Warren  Cuftos  Regni 
Scotia;.  Laftly,  the  King  alfo  willed  and  ordained,  in 
this  prefent  Parliament,  that  John,  late  King  of  Scot- 
land, both  the  John  Comynes,  with  the  reft  of  the  Scots 
Nobility,  {hould  go  with  him  back  into  England,  and 
remain  in  thofe  Parts  of  it  which  are  beyond  the  Trent-, 
and  fhould  not  return  from  thence,  011  Pain  of  lofmg 

VOL.  I.  H   "  their 


tfhe  Parliamentary  HISTORY 

King  Edward  I,  their  Heads,  untill  the  War  betwixt  him  and  the  King 
of  France  was  entirely  finifhed  u. 

The  Conqueil  of  Scotland  being  thus  made,  and  that 
Kingdom  fettled  to  his  Mind,  Edward  called  before  him 
all  the  Chief  Officers,  &c.  of  the  Weljh,  Irijh,  and  Eng- 
lijh  Armies,  who  had  afiifted  him  in  this  great  Expedi- 
tion: He  returned  them  his  Thanks  in  a  publicManner; 
and  added,  that  the  Crown  of  England  was  much  be- 
holden, and  eternally  obliged,  to  them  for  their  Services? 
He  afterwards  difmiffed  them  to  go  to  their  own  Homes. 
The  King  alfo  ordained,  that  all  the  Lands  which  'John 
EaliolanA  other  Lords  held  on  the  South  of  Trent,  (hould 
be  feized  into  his  Hands  untill  the  FrenchWar  was  ended. 
Afterwards  Edward  put  an  End  to  this  Parliament,  and 
L  IO2  J  iiTued  out  Writs  immediately  for  the  calling  another  w, 
which  was  to  meet  at  St.  Edmundjbury  in  November  fol- 
lowing. Laflly,  the  King  took  his  Journey  into  the 
South,  and  the  Scots  Lords  along  with  him. 

Anno  Regni  24.  On  the  third  of  November,  in  the  fame  Year,  King 
c1295'  jr  Edward  met  his  Parliament  again  at  St.  Edmund/bury, 
bury™* '"Thefe  Writs  are  ftill  in  Being,  and  are  printed  both  by 
Prynne  and  Dugdale,  the  former  giving  us  thofe  for  call- 
ing the  Knights,  Citizens,  and  BurgeiFes  to  this  Parlia- 
ment ;  the  latter,  only  to  the  Lords  and  Clergy  ;  but 
then  thefe  exprefs  fome  Reafon  for  what  they  were  fum- 
moned ;  which  was  in  order  to  raife  Subfidies  for  car- 
rying on  the  War  againft  France^  which  this  victorious 
King  had  determined  to  profecute  with  the  utmoft  Vi- 
gour. The  Laymen  contributed  chearfully  to  this  Ex- 
pedition, and  taxed  themfelves,  the  Citizens  and  Bur- 
gefles,  an  Eighth  Penny,  the  reft  of  the  Laity,  a  Twelfth. 

The  Clergy  re- The  Clergy,  however,  openly  refufed  to  give  any  Thing, 

fufe  to  grant  any  and  returned  the  King  this  Anfwer  to  his  Demand, 
'  ^at  tne7  cou^  neither  give  nor  grant,  neither  could 
£  ^e  King  receive  any  Subfidy  from  them,  without  both 
'  incurring  a  Sentence  of  Excommunication,  which  was 
«  included  in  the  Pope's  Bull  to  that  Purpofe  V  The 
King  was  much  difpleafed  at  this  Anfwer,  but  neverthe- 
lefs  gave  them  Time  to  think  upon  it;  and  required 
them  to  meet  him  again  the  Day  after  St.  Hilary,  [Ja- 
nuary 

«  Adbuc  H.  Knyghton,  col.  24.83. 

*'  Dated  at  Berwick  upon  Tweed,  Aug.  26,  An.  Rtg.  24: 

*  The  Bull  w  alfo  printed  in  %««-,  and  in  the  Councils, 


of    ENGLAND. 

kuary  14.]  at  London  \  to  which  Time  and  Place  this  King  Edward  J, 
Parliament  was  adjourned. 

It  is  proper  here  to  take  fome  more  Notice  of  the 
Pope's  Bull  above-mentioned,  becaufe  of  its  extraordi- 
nary Nature.  It  was  called  Clericis  Laicos  by  the  Frendi 
Hiftorians,  from  the  firft  Words  of  it ;  and  was  dated  at 
Rome^  jexto  Kalend.  Mart.  Pontificatus  nojir'i  An.  2°. 
[1296],  This  Bull  affected  more  than  the  Englijb 
Clergy;  the  French  thought  it  was  obtained  by  Com- 
plaints from  theirs,  whom  it  fuited  as  well  as  the  Eng- 
lijh>  and  where  it  feemed  to  have  made. more  Noife.  We 
have  a  great  deal  about  it  in  the  Collection  of  the  Afta 
inter  Bonifacium  Pont,  et  Philippum  Regem  ;  which  was 
printed  at  Paris,  1655,  an  Extract  of  which  is  alfo  in 
Archbifhop  Wake's  Appendix.  But  this  arrogant  Power 
the  Pope  then  afiumed,  of  exempting  all  the  Clergy  in 
Chriftendom  from  paying  any  fubfidial  Taxes  for  the 
Support  of  the  Government  they  lived  under,  was  but 
of  fhort  Duration  ;  for  this  very  Pope,  foon  after,  by 
another  Bull,  explained  away  almoft  the  whole  Force  of 
this,  and  his  Succeflbr,  Clement  V.  in  1306,  actually 
repealed  it. — But  the  Reader  will  foon  fee  what  Difturb- 
ance  this  Bull  made  amongft  the  Clergy  in  this  King- 
dom. For, 

The  Day  of  the  next  Seffion  being  come,  and  the 
Parliament,  with  the  Clergy,  met,  Robert  de  Wincbelfeay 
Archbifhop  of  Canterbury ',  made  the  following  Speech 
to  his  Brethren : 

My  Lords, 

'  T  T  is  very  well  known  to  you  and  all  the  World,  The  ArcUbiftpp 
L  that,  under  the  Almighty  God,  we  have  both  aof  Canterbury  t 
Spiritual  Lord  and  a  Temporal  one.     The  Spiritual  oSn.D  ' 
Lord  is  our  holy  Father  the  Pope,  and  the  Temporal, 
our  Lord  the  King.     And  though  we  owe  them  both     £  103  J 
Obedience,  yet  we  are  under  more  Subjection  to  the 
Spiritual.   But,  to  do  all  that  is  in  our  Power  to  pleafe 
both,  we  are  willing  to  fend  fpecial  Meflengers  to  our 
holy  Father  the  Pope,  at  our  own  Expence,  to  defire 
that  he  would  grant  us  Leave  to  oblige  the  King  in 
this  Matter ;  or,  at  leaft,  we  fhall  have  an  Anfwer 
from  him  what  we  ought  to  do.    We  do  believe,  that 
our  Sovereign  Lord  the  King  is  as  fearful  of  incurring 
H  ^  this 


jj6  The  Parliamentary  HISTORY 

King  Edward  I.  this  Sentence  of  Excommunication  as  we  ourfelves  can 
be ;  fo,  my  dear  Lords,  we  defire  that  you  would 
fend  fome  felecl:  Perfons  out  of  your  Body,  to  inform 
the  King  of  this  Matter;  for  we,  who  know  how- 
much  the  King  is  incenfed,  are  quite  afraid  to  deliver 
fuch  a  Meffage  to  him  *.' 

However,  the  Clergy  thought  fit  to  fend  two  of  their 
own  Body,  the  BifJhops  of  Hereford  zn&  Norwich,  to  the 
King  ;  and  there  is  a  Copy  of  their  Credentials  in  the 
Councils,  under  the  Archbifhop's  Seal,  at  the  Requeft  of 
the  whole  Body  i?f  the  Clergy,  dated  13  Kal.  Feb.  [Jan. 
20]  and  immediately  after  we  have  the  Denunciation  of 
the  Sentence  of  Excommunication  by  the  Archbifhop 
againft  the  Infringers  of  the  Ecclefiaftical  Immunities, 
dated  14  Kal.  Mar. 

The  King  puts      But  we  find  that  the  King  was  not  fo  much  afraid  of 

the  Clergy  out  of  tne  Pope's  Bull  as  the  Archbiftiop  pretended  ;  for  he  had 

«rifa"esaSrnofooner  heard  the  Clergy's  Anfwer  to  his  Demand, 

Lands.  but  he  thundered   out   an  Excommunication,   indeed, 

againft  them  all.    He  immediately  put  the  Archbifhop, 

and  the  whole  Body  of  the  Englijh  Clergy,  out  of  his 

Protection  and   Defence  ;  and   ordered   that    all  their 

Lands  and  PofTeffions,  throughout  the  whole  Realm, 

Ihould  be  feized  to  his  Ufez.  This  Edid  had  the  Con- 

fent  of  the  Earls,  Barons,  and   others  who  conftituted 

this  Parliament,  which  continued  to  fit  whilft  all  the 

Bifhops  were  excluded.  The  Chief  Juftice  of  the  King's 

Bench,  John  de  Metingham,  fitting  in   his  Tribunal, 

fays  Knyghton,  pron6unced  Sentence  againft  the  Clergy 

in  thefe  Words : 

*  You  that  are  the  Pro&ors,  or  Attornies,  for  the 
c  Archbifhops,  Bifhops,  Abbots,  and  Priors,  with  the 

*  reft  of  the  Clergy,  take  Notice  to  acquaint  all  your 
'  Mafters,  that,  for  the  future,  no  Manner  of  Juftice 

{  104  ]      '  ftall  be  done  them  in  any  of  the  King's  Courts,  on 

*  any  Caufe  whatfoever  ;  but  Juftice  fhall  be  had  againft 

*  them  to  every  one  that  will  complain  and  require  it 
«  of  us  !' 

O  mirabile  &  inauditum,  Auribus  horribile  !  cries  the 
Canon  of  Leicefler ;  and  others  of  the  Monkifti  Writers 

of 

y  IleiKinffcrd,  Knygbton,  &c.  The  laft  Words  of  this  Speech  are, 

ffts  cnim,  {denies  Indignationem  ejus  accenfam,  iiercmur  amnino  talia  nun" 
dare. 

•*•  Fecit  Rcxfigillari  omnia  Eccltfajiicorum  OJlia  Horrcorum,  Mil.  Weft, 


*/*    ENGLAND.  117 

of  thofe  Times  exclaim  as  loud  againft  this  Proceed-  King  Edward  I. 

ing  b.     The  Miferies   that  the  Clergy   differed,  along 

with  their  Archbilhop,  on  Account  of  the  aforefaid 

Sentence  againft  them,  were  very  great ;  inlbmuch  that 

a  poor  Vicar  or  Parfon,  when  they  had  Occafion  to  go 

abroad,  were  glad  to  cloath  themfelves  like  Laymen, 

to  pafs  through  the  Country   with  Safety  ;  for  if  they 

were  robbed  or  fpoiled   on  the  King's  Highway,  they 

could   have  no   Restitution   or  Redrefs.     Indeed,    the 

whole  Bo  y  of  them  were  (truck  into  a  dreadful  Panic 

by  this  Blow;  but  moftof  them  compounded  the  Matter 

with  the  King  for  a  Fine,  and  received  the  King's  Letters 

of  Protection  ;  which  muft  have  raifed  a  vaft  Sum  of 

Money  in  thofe  Days c. 

But,  before  King  Edward  tranfported  himfelf  and 
his  Army  into  Flanders.^  to  profecute  the  War  againft 
France,  he  fummoned  all  Men  that  owed  him  Service, 
and  all  others  that  were  poffefled  of  Twenty  Pounds  a- 
year  Lands,  let  them  hold  from  whom  they  would,  to 
meet  him  at  London.  They  were  to  come  ready  pre- 
pared with  Horfe  and  Arms  to  go  over  with  the  King, 
and  this  without  any  Excufe  or  Delay.  The  Summons 
was  obeyed,  and  a  very  great  Number  of  armed  Men 
appeared  on  this  Occafion  d.  It  has  been  faid,  that 
fome  of  their  Leaders  or  Nobles  then  prefent  thought  [  xoc  ] 
proper  to  reprefent  to  the  King,  that  it  was  not  advife- 
able  for  him  to  go  abroad  without  being  firft  reconciled 
to  the  Archbifhop  :  That  he  took  their  Advice,  and 
was  ib  far  reconciled  to  the  Prelate,  that  he  made  him 
Guardian  to  his  Son  the  Prince,  and,  jointly  with  Sir 
Reginald  Grey,  left  him  Regerlt  over  England.  But 
this  is  abfolutely  falfe  ;  for  Edward  miftrufted  him  too 
H  3  much 

t>  Kvygktcn  goes  on,  and  fays,  Communls  yi/Jlitia  qvae  cmnibut  patere 
debtrit.  :am  Incolii  quam  Alienigcnis,  quo  Sfiritu  xcfcio,  CJero  Chrifti  de- 
•negatur  ;  ancilaturque  &  frr-vit  ac  fu&fnattatur  if  fa  Mater  Ecclefia,  qua 
folebot  antiquitstt  1'  :!i:s  dwninari  ;  Pcdcs  fuper  Caput  elcvantur,  &  qiue 
Jalcbat  cuntf-ii  folcndifcere,  fimento  Miferaticnis,  jam  a  Mifericord'u  Dei 
ntur  &  obfujLttur  L'ir.braculo  Crudclita:it.  Knyghtoa  inter  Dcccm  Scrip- 
tc.rcs,  col.  2492. 

c  iriHijKt  Thorn,  a  Monk  of  S.  Jugujlin's  in  Canterbury,  fays,  That 
their  Monafcery  compounded  for  zoo  I.  and  zoo  Quarters  of  Corn  of  difte- 
lent  Kinds  of  Grain.  Dictm  Serif  tom,  col.  1965. 

The  Archbirtiop  flood  out  againft  the  King  in  this  Matter  ;  left  his 
Palace,  and  rctiied  with  two  Servants  only  to  Cbartbam.  Linn. 

J  Triwt  and  Hemingford,  both  Contemporary  Hiitorians,  call  thi« 
Meeting  a  Parliament,  They  were  called  to  Lcattsn,  Avgnfl  i,  12.97. 


The  Parliamentary  HISTORY 

.  much  to  grant  him  any  fuch  Power,  as  will  better  appear 
in  the  Sequel,  and  left  the  Regency  in  other  Hands  e. 
Neverthelefs,  he  reftored  him  all  his  Lay-Fees,  Goods, 
fcsft.  at  the  earneft  Requeft  of  the  Prelates  of  his  Pro- 
vince f. 

Edward  did  not  profper  fo  well  in  this  French  War 

a  ltas  he  had.  done  in  the  laft>    The  Scot*  t0°k  thc  Advan~ 

tage  of  his  Abfence  to  revolt ;  and,  under  the  Conduct 

of  William  Wallace,  committed  great  Ravages  in  Eng- 
land. Things  were  not  quite  well  at  home  neither  ; 
Edward,  before  his  Departure,  had  greatly  difobligcd 
fome  of  his  Lords  ;  of  which  Humphry  de  Bohun,  Earl 
of  Hereford,  High  Conftable  of  England,  and  Roger 
Bygot,  Earl  Marefchal,  were  the  Chief.  Thefe  Great 
Men  raifed  an  Infurre&ion  in  the  King's  Abfence ;  by 
which  Means,  and  by  the  Revolt  of  the  Scots,  the  Peace 
of  the  Kingdom  was  much  endangered. 

Anno  Regni  25.  The  Occafion  of  this  Quarrel  is  faid  by  fome  Writers 
I497«  to  happen  at  a  Parliament  called  to  meet  at  Salijburyt 
At  Salisbury.  *n  F*ft°  $•  Matthiae,  before  the  King  went  abroad  ;  at 
which  Meeting  the  Clergy  were  totally  excluded  s.  The 
King  infilled  that  moft  of  the  Nobility  there  prefent 
C  *°6  3  (hould  attend  him  to  the  French  War,  but  many  ex- 
cufed  themfelves ;  whereat  Edward  being  greatly  mo- 
ved, he  plainly  told  them  that  they  fhould  go,  or  he 
would  give  their  Lands  to  thofe  that  would.  The 
Nobles  were  very  much  offended  at  this  Bluntnefs  in 
the  King ;  and  fome  of  the  chiefeft,  viz,  the  Earls  of 
Hereford  and  Marefchal,  told  the  King  that  they  were 
ready  to  attend  him  if  he  went  in  Perfon,  otherwife  they 
would  not  go.  The  Marefchal  added,  that  if  the  King 
went  he  fhould  willingly  attend  him  in  his  Wars,  and 
take  his  hereditary  Poll:  in  the  Vanguard  of  the  Army. 
But,  fays  the  King,  you  Jhall  go,  whether  2  do  or  not. 

«  See  Ryaier's  Feed.  p.  791,  de  Edwardo  F i/io  Beg:s  Locum  tenente  in 
Anglia. 

f  Thc  Aft  of  Reflittition  to  the  Archbi&op  is  printed  in  Prynnc's  Par!, 
Reg.  Vol.  III.  p.  721,  f'ro.Ti  ciauf.  25  Edia.  \.  m.  iz,  dated  July  1 1,  at 
Weftminjltri  previous  to  which  are  Compofitions'of,  and  Frotedicns 
granted  to,  a  great  Number  of  the  Clergy. 

g  £t  babito  Rex  Parliamtnto  cum  juis  Baronilvs,  Clcro  exclufo.  Cbnn* 
Cul.  Tbarn.  inter  Decem  Scriptores,  col.  1965. 

Dugdah  gives  us  the  Summons  to  this  Parliament,  to  meet  apud  Sa- 
rum  Die  Dominica  in  Fijsa  S.  Matthije,  Feb.  24,  1297.  Tcjie  S.ege  afud 
"Welyns,  Jan,  z6. 


^/ENGLAND. 

I  am  not  fo  bound,  quoth  the  Earl,  neither  do  1  p 
to  go  without  you.  The  King,  then  in  a  great  Rage, 
faid,  By  God,  Sir  Earl,  youjhall  either  go  or  hang.  And,  ™fc™ 
Sir  King,  by  the  fame  Oath,  replied  the  Earl,  boldly, 
1  will  neither  go  nor  hang.  And  fo  they  both  left  the 
King  abruptly,  without  taking  any  Leave,  and  the  Par- 
liament broke  up  without  doing  any  further  Bufinefs. 
Edward,  after  this,  refolved  to  go  over  in  Perfon,  but 
the  Lords  then  would  not  go  along  with  him;  fo  haughty 
and  ftubborn  were  the  Nobility  in  thofe  Days.  Yet,  not- 
withftanding  the  ill  Correfpondence  between  the  King 
and  thefe  Great  Men  at  this  Aflembly,  it  feems  they 
agreed  well  enough  how  to  proceed  with  the  Clergy ; 
for  an  anonymous  Chronicle  in  the  Bodleian  Library  h 
relates,  «  That  the  King,  and  his  Barons  and  Knights 
there  afiembled,  pafled  an  Ordinance,  That  if  the  Clergy 
did  not  make  their  Peace  with  the  King,  within  a  cer- 
tain Time  then  limited,  they  (hould  Jofe  all  that  was 
already  feized  by  the  King,  and  it  fhould  not  be  lawful 
for  any  one,  from  thenceforth,  to  have  any  common 
Dealing  with  them.  This  fevere  Ordinance  brought 
many  of  them  to  their  Compofitions  immediately. 

But  the  Affair  between  the  King  and  his  haughty 
Barons  deferves  a  little  farther  Difquifition.  Several 
antient  Hiftorians,  fuch  as  Trivet,  Hemingford,  c5V. 
who  were  Contemporaries,  relate  the  Story,  which  hap- 
pened in  the  Parliament  at  Saliflury,  as  above.  This 
Difpute,  with  the  Revolt  in  Scotland  at  that  Time,  per- 
plexed the  King  very  much,  and  hindered  his  intended 
Expedition  ;  and  there  are  in  the  Foedera  feveral  Letters 
to  his  Allies  and  Friends  abroad,  fent  to  excufe  and  in- 
form them  with  the  Reafons  of  his  Delay;  fo  that  it  was 
not  till  Auguft  this  Year  that  Edward  embarked  for 
France;  leaving  his  Son,  with  fome  other  Lords,  Re- 
gents in  his  Room.  But  before  the  King  left  England 
he  took  Care  to  inform  all  his  Subjects  of  the  Behaviour 
of  the  Barons  to  him,  by  circular  Letters  fent  to  all  the 
Sheriffs,  which  related  all  that  had  pafs'd  between  them  ; 
a  Copy  of  which,  in  French,  is  in  Rymer  and  fome  other 
Hiftorians. 

Nor  were  the  two  Earls  backward  in  {hewing  their 
E.cfcntment  againft  the  King,  but  published  certain  Ar- 
ticles 

fc  Sec  Archbiflicp 


Parliamentary  HISTORY 

King  Edward  I. tides  of  Grievances  in  the  State,  which  they  expected 
fhould  be  redrefled  by  the  King  before  they  would  join 
with  him.  Nay,  they  went  further;  for,  on  the  King's 
Departure,  the  two  Earls,  Marefchal  and  Hereford, 
went  to  the  Treafurer  and  Barons  of  the  Exchequer, 
forbidding  them,  in  the  Name  of  the  whole  Community 
of  the  Realm,  as  well  Clergy  as  Laity,  to  levy  the 
Eighth  Penny,  given  in  the  Parliament  at  St.  Edmund f- 
lyiry,  and  denying  that  it  ever  was  legally  granted  !. 
Laftly,  they  applied  to  the  Citizens  of  London  to  ftand 
by  them  k. 

To  remedy  thefe  Evils,  and  to  clofe  up  the  Diffe- 
rences with  the  difcontented  Lords  in  Time,  the  Re- 
Anno  Regni  25.  gents  thought  proper  to  call  a  Parliament   in  Prince 
1297.         Ir<shwrWYN.ame,  and  to  fummon  them  to  meet  at  Lon- 
,        don  on  the  loth  of  Oflober,  in  the  fame  Year,    1297  *. 
The  Lords  paid  a  willing  Obedience  to  this  new  Sum- 
mons from  their  future  King,  and  came  at  the  Time  and 
Place    appointed  :  But    their    Appearance    was    fmall, 
th'.  re  being  only  the  Archbifhop  and  fix  Bifhops,  23 
Abbots  and  Priors,  the  Earls  of  Hereford^  Norfolk,  and 
Marefchal,   with   eight  other  Barons,  which   is  eaiily 
accounted  for,  as  many  of  the  reft  attended  the  King 
abroad. 

,  -,  However,  the  difcontented  Lords  did  not  come  with- 
'  •*  out  a  ftrong  Guard  to  fecure  their  Perfons,  having  500 
Horfemen  well  armed,  and  a  large  Body  of  choice  Foot 
to  attend  them  ;  nor  would  they  enter  the  City  until! 
they  were  allowed  to  place  a  fufficient  Number  of  their 
own  Men  at  each  Gate  of  it  for  their  better  Security. 
This  being  granted,  the  Lords  came  quietly  to  their 
Seats  in  Parliament ;  where,  after  many  and  various 
Confutations  and  Debates  m,  the  Archbifhop  of  Canter- 
bury being  Mediator  in  thefe  Differences,  the  Lords 
.  would  agree  to  no  Reconciliation,  unlefs  the  King 

tide't'^Magna  would  confcnt  to  Confirm  Magna  Charta  and  the  Char- 
Cbvrta,&t.  pro-  ter  of  Forefts,  with  fome  additional  Articles  ;  and  that 
pofed  3  jje  would  neither  defire  nor  exa£t  any  Aid  or  vexatious 

Tax, 

i  This  Record  is  in  Madoxs  Hiftary  of  the  Exchequer,  p.  614. 

k  Trivet,  Hemingford. 

1  Dugdale  has  given  us  the  Summons  to  the  Lords,  and  Prynne  to  the 
Commons  Vol  III.  p.  736. 

»'  L'bi  tandem  fyft  Conjilia  mult  a  et  Irafiatus  -varitis,  &c,  Knyghton, 
col.  2923. 


^/ENGLAND.  121 

Tax,  either   from    the  Clergy  or  the  People,  for  theKing£</wWI. 

future,  without  the  Advice  and  Confent  of  his  Great 

Men.    Further,  that  all  Rancour  and  Malice  might  from: 

henceforth  be  removed  from  the  Minds  of  them  and  all 

others  their  Aflbciates,  the  following  Writing  was  agreed 

to,  and  ordered  to  be  drawn  up  in  thefe  Words  for  the 

King  to  confirm  : 

No  Manner  of  Tax  or  Aid  fiall  either  be  impofed  or 
gathered  by  us  or  our  Heirs,  for  the  future,  on  our  King- 
dom, without  the  common  Confent  and  Frce-Will  of  the 
Archbijhops,  Bifaops,  and  other  Prelates,  the  Earlsj 
Barons,  Knights,  Burgejfes,  and  other  free  Men  of  this 
Realm.  We  will  not  take  to  our  f  elf  any  Corn,  Wooly 
Hides,  or  any  other  Kirtd  of  Goods  whatfoever,  without 
the  Confent  of  the  Perfon  to  whom  fuch  Goods  belong.  We 
will  not  take,  for  the  future,  in  any  Name,  or  on  any  Oc- 
cafion  whatfoever,  Evill  Tolle  n  of  any  Pack  of  Wool. 
We  will  and  grant,  for  us  and  our  Heirs,  that  all  the 
Clergy  and  Laity  of  the  Kingdom  Jhall  have  all  their  Laws , 
Liberties,  and  Cujhms,  as  freely  and  fully  as  ever  they 
enjoyed  them  at  any  Time.  And  if  any  Thing  be  enafJed 
or  ordained  again/1  any  Article  in  this  prefent  Writing  by 
i{$  or  our  Ancejhrs,  or  any  new  Cuftoms  introduced,  we 
will  and  grant  that  fuch  Cuftoms  or  Statutes  be  for  ever 
null  and  void.  We  do  remit  alfo,  to  Humphry  de  Bohun,  f  108  1 
Earl  of  Hereford  and  Eflex,  Conftable  of  England  ; 
Roger  Bygot,  Earl  of  Norfolk,  and  Marefchal  of  Eng- 
land ;  and  others  the  Earls,  Barons,  Knights,  Squires  ^ 
and  to  John  de  Ferrers,  and  to  all  others  his  Colleagues 
and  Confederates,  and  alfo  to  all  thofe  that  hold  Twenty 
Pounds  Lands  either  of  us  in  Chief,  or  of  others  in  our 
Kingdom  who  were  fummoned  to  go  into  Flanders  and  did 
r.r.t  appear,  all  Manner  of  Rancour  and  III- Will  which, 
'for  the  aforcfaid  Caufes,  we  might  have  taken  again/I 
them,  and  alfo  all  Kinds  tf  Tranfgrejjions  which  to  us  or 
ours  may  have  been  done,  to  the  making  of  this  prefent 
Writing.  And,  for  the  greater  Security  of  this  Matter t 
we  will  and  grant,  for  us  and  our  Heirs,  that  all  Arch' 


"  7\1ala  Tolia,  vel  ptfirs,  Telta,  Gallicc  Mafe-teute,  Evil  Toll.  See 
Somner's  Glojjjrium  ad  Dccum  Scriptores.— —  See  allo  the  laft  Edition  of 
Duf refit*  *  Glo/ary. 

The  Tax  was  401.  for  every  Sack  of  Wool,  taken  without  Confent  of 
r.u!iam;'nt.  Sec  Siatxtet  at  large,  and  Cuke's  zd  Infi,  p.  5x6,  for  thi$ 
rufmoruUk  StiUute, 


122  The  Parliamentary  HISTORY 

TSJn%  Edward  I.  Ufaops  and  Bijhops  of  England  Jhall  for.  ever,  in  their 
Cathedral  Churches,  have  this  prefent  Writing  read,  and 
Jhall  publickly  excommunicate  as  well  there ,  as  caufe  it  to  be 
done  in  the  feveral  Parijh  Churches  throughout  their  Dio- 
cefes,  twice  in  a  Tear,  all  thofe  who  Jhall  feek  to  weaken 
the  Force  of  tbefe  Prefents  in  any  Article,  or  in  #ny  Man- 
ner whatfoever. 

In  Tejiimony  of  which  we  have  put  our  Seal  to  this  pre- 
fent Writing,  together  with  the  Seals  of  the  rfrchbijhops, 
Bijhops,  Earls,  Barons,  and  others,  who,  of  their  'own 
Accord,  fwore  to  obferve  JlriSlly  the  Tenor  of  tbefe  Pre- 
fents, in  all  and  every  Article,  to  the  bejl  of  their  Powers. 
And  for  the  due  Obfervance  of  which  they  promifed  all 
their  Aid  and  Advice  for  ever  °. 

We  think  it  entirely  confiftent  with  the  Subje&  of  our 
Hiftory,  that  every  Word  of  the  preceding  Charter,  as 
near  as  it  can  be  translated,  fhould  find  a  Place  in  this 
Work.  It  is  a  Step  into  the  Prerogative  much  bolder  and 
wider  than  what  was  made  by  the  gaining  of  the  Great 
Charter  or  that  of  the  Foreils ;  and  may  be  truly  faid  to 
be  the  Foundation  of  our  prefent  Parliamentary  Grants 
to  the  Crown.  The  young  Prince  did  not  hefitate  at 
all  to  confirm  the  Decree,  as  far  as  it  was  in  his  Power; 
and  gave  the  offending  Lords  his  Letters  Patent  to  them 
*  -  and  all  their  Followers,  that  no  Manner  of  Harm  fhouM 

come  to  them ;  and  promifed  alfo  in  the  faid  Letters, 
f  109  ]  tnat  ne  would  do  his  utmoft  to  induce  his  Father  to  con- 
fent  to  all  their  Demands :  Likewife  all  the  King's 
Council,  that  were  prefent  at  this  Parliament,  promifed 
under  their  Hands  to  acl:  accordingly. 

This  Concord  of  Peace  and  Unity,  fays  our  Author  p, 
gave  an  univerfal  Joy  to  all  the  Kingdom.  The  Pre- 
lates, Earls,  and  Barons,  adds  he,  that  were  Commif- 
fioners  for  the  King  in  this  Matter,  were  Robert  de  IFin- 
cbelfea,  Archbifhop  of  Canterbury,  Henry  Murdac,  ele»5fc 
Archbifhop  of  York;  the  Bifhops  of  London,  Ely,  Bath, 
and  Coventry ;  the  Earls  of  Cornwall,  Warren,  //''<•;•- 
wick,  and  Oxford',  the  Barons  were  John  Gyffard, 
Henry  de  Percy,  and  Reginald  de  Grey;  with  many  other 
Clerks  and  Laymen. 

All 

•  From  the  moft  correft  Copy  preferred  by  Walter  IlcKi»gf»rd, 
t  H.  Krtygbton,  col.  2924. 


of   ENGLAND. 

All  thefe  Lords,  fcfV.  fwore  upon  the  bleiTed  Evangs- 
lifts,  for  the  greater  Security  that  the  aforefaid  revolted 
Earls  and  their  Followers  fhould  be  entirely  indemnified 
by  them  againft  the  King :  To  which  thofe  Lords  an- 
fwered,  in  like  Manner,  that  if  the  King  would  ratify 
and  confirm  all  the  aforefaid  Articles,  they  would  be 
entirely  at  his  Command,  either  to  go  over  into  Flan- 
ders,  or  march  againft  the  King's  Enemies  in  Scotland* 

MefTengers  were  immediately  difpatched  to  the  King 
in  Flanders,  with  Letters  to  him  from  his  own  Secreta-  £ 
ries,  intimating  that,  if  he  regarded  his  own  Honour  and 
Safety,  or  hoped  to  preferve  his  Kingdom,  he  fhould 
fend  back  the  Writings  confirmed  and  fealed.  The 
King  being  driven  to  a  Strait,  took  three  Days  Time  to 
confider  of  this  Meflage;  and  then,  that  he  might  gain 
the  Hearts  of  the  Revolters  once  more  to  him,  wifely 
confented  to  all,  and  confirmed  them  accordingly  1.  For 
this  extraordinary  Conceflion  of  the  King,  the  Par- 
liament granted  him  a  Ninth  Penny  on  the  Laity;  and 
the  Archbifhop  of  Canterbury,  with  his  Clergy,  notwith- 
ftanding  the  Pope's  Bull,  gave  a  Tenth;  the  Archbifhop 
of  York,  with  his  Clergy,  who  were  more  in  the  Neigh- 
bourhood of  Danger,  a  Fifth  Penny,  as  a  Subfidy  to 
carry  on  the  War  againft  Scotland.  The  Wool  which 
the  King  had  already  taken  from  the  Religious  Houfes, 
and  others  of  the  People,  he  promifed  Ihould  be  ac- 
counted for  in  the  Collection  of  this  Fifth. 

Edward,  after  this,  fent  his  Letters  particularly  to  re-      T  no  1 
quire  the  aforefaid  revolted  Lords,  as  well  as, all  the  reft 
of  the  Great  Men  who  were  then  in  England,  that,  as 
they  regarded  him,  or  the  Honour  of  the  Englijh  Na- 
tion, they  fhould  march  dire&ly  into  Scotland,  under 
the  Command  of  the  Earl  of  Warren,  whom  he  had  AnnoR «,ni26 
conftituted  his  Vicegerent  for  that  Expedition.    He  aJfo        1298. 
appointed  a  Day  for  them  to  meet  at  York  r,  and,  in  the      ^t  York 
mean  Time,  to  ^et  themfelves  in  Readineis  to  proceed 
from  thence  and  chaftife  the  Scots  Rebels.    This  Meet- 
ing Hemingford  and  Knyghton  call  a  Parliament,  and 

there- 

1  They  were  figned  by  the  King,  at  Ghent  in  Flanders,  apud  Gandavum, 
5  Id.  Nov. 

r  Oflavi't  S.  Hilarii,  Jan,  zi.     Kny*iton.  Craft.  Hill.  Hem. 

Trivet  fays,  Convenience  in  Off  avis  S.  Hihris,  fubl.rata  Cotifirmatrene 
Clartarum,  Articular  umifa  aJjeflarum  vcrjus  Scotiam  fracejjsrunt.  Mat, 


124  The  Par 7/ 'amen tary  HISTORY 

King  Edward  I.  therefore  we  do  the  fame,  though  none  of  the  Commons 
were  called  to  it,  and  feems  to  be  chiefly  dcligned  to  try 
whether  the  Scots  Lords  would  come,  as  Edward  by  his 
Letters  had  fummoned  them  to  do,  without  any  Excufe, 
otherwife  they  fliould  be  taken  for  public  Enemies.  At 
the  Day  prefixed  the  Englijb  Lords  appeared  at  York : 
There  were,  particularly,  the  Earl  of  Warren,  the 
King's  General;  the  Earl  of  Gloucefter;  the  Earl  Mare- 
fchal ;  the  Earls  of  Hereford  and  Arundel;  Guy,  Son 
to  the  Earl  of  ffiawuick ;  John  de  Segrave ;  and  many 
other  Lords.  The  firft  Thing  they  went  upon  was  the 
Confideration  of  themfelves  ;  and  accordingly  they  had 
Magna  Charia,  the  Foreft  Charter,  with  all  the  addi- 
tional Articles,  read  publickly  in  the  Cathedral  Church 
of  York ;  and  the  Biihop  of  Carlijle,  in  Ponttficalibus, 
pronounced  the  Sentence  of  Excommunication  on  all 
thofe  that  offended  againft  them.  And  as  the  Scots 
Lords  did  not  think  fit  to  appear  according  to  Summons, 
nor  fend  any  one  to  anfwer  for  them,  it  was  agreed  that, 
in  eight  Days  following,  every  one  fhould  appear  in 
Arms  at  Newcajlle  upon  Tyne,  and  fo  to  march  againft 
the  Enemy. 

In  the  mean  Time  Edward,   having  concluded   a 
Truce   for   two  Years    with    France,    turned    all    his 
Thoughts  on  Scotland,  and  fent  Word  to  the  Earl  of 
Warren,  his  General,  not  to  proceed  with  the  Army 
any  farther  than  Berwick  till  his  Return.     He  arrived 
there  in  Perfon  fome  fhort  Time  after ;  and  the  firft 
£  in  ]      Thing  that  the  King  did  after  his  coming  back  to  Eng- 
.       land,  was  to  call  a  great  Council  together  at  London,  on 
Jm0JJ,^f.ni  *  'Palm-Sunday,  [March  30]  where  it  was  refolved  to  re- 
move the  Courts  of  King's  Bench  and  Exchequer  to 
At  London.    York s,  and  to  fummon  a  Parliament  to  meet  in  that  City 
on  the  Feaft  of  Pentecoft  following.     The  Writs  for 
iummoning  the  Knights,  Citizens,  and  Burgefles  to  this 
Parliament  are  ftill  extant1;  and   here  the  King,   by 
Word  of  Mouth,  confirm'd  to  them  the  Charters  above- 
mentioned  ;   and,  as   the  dnnals  of  Worcejier  obferve, 
*  not  out  of  Fear,  but  of  his  own  free  Will,  and  without 

*  any 

*  The  Ordinance  for  removing  the  Courts  of  Jurtice  to  Tork,  is  faiJ,  by 
Rylej,  to  be  made  in  a  Parliament  at  London,  in  Eafter,  this  Year  j  it  quad 
Scaccarius  et  Bancus  ftnt  infra  Cajlellum  Ebor,  &c.  Rylf\t  p.  225, 

t  The  Writs  are  dated  at  Fuibam,  dpril  13,  Anno  Regni  2.6, 


of   ENGLAND.  125 

'  any  Grant  of  Money  for  it".'  The  Scots  Lords  were  King  Ed-ward  I. 
again  fummoned  to  appear  at  this  Parliament;  which 
they  not  regarding,  he  fent  out  his  Commiflion  of  Ar- 
ray, ordering  alfhis  Subjects  to  be  ready,  with  Horfe 
and  Harnefs,  at  Roxburgh,  on  the  Feaft  of  St.  John 
Baptiji  following;  which  was  done  accordingly.  After _. 
this  happened  the  fatal  Battle,  to  the  Scots,  of  Falkirk ; , 
in  which  the  Englijh  gained  a  complete  Victory  over* 
their  Army,  and  retook:  all  the  Towns  and  Fortrefles 
which  had  been  loft  in  the  King's  Abfence. 

Edward,  after  his  Return  out  of  Scotland,  continued 
in  the  North  of  England  till  after  Gbrijlmas  ;  when, 
leaving  all  Things  quiet,  he  returned  to  London',  and,  Anno  Regni  *7» 
foon  after  he  got  there,  called  a  Parliament  to  meet  on 
the  firft  Sunday  in  Lent,   [March  8]   the  Writs  for  it    At  LtnJtit* 
bearing  Date  (by  Dugdale,  from  clauf.  27  Edw.  I.  m.  8. 
in  dorfo)  apud  Pontem  de  Tulye,  Feb.  6,  1299. 

The  firft  Thing  that  was  done  at  this  Meeting,  was 
to  read  before  them  the  Pope's  Inftrument  of  Award  be-  pointed ^rbk^a- 
tvveen  the  Kings  of  France  and  England,  who  had  agreed  tor  between  the 
to  make  him,  as  a  private  Perfon  only,  under  the  NameKinssof-£'"£^'u* 
of  Benedict  Cajetan,  the  amicable  Compofer  and  Arbi-  and  Francc' 
ter  of  a.ll  Wars,  Controverfies,  Differences,  and  Caufes 
whatever  moved  between  them.     This  Character  was 
worthy  of   the  Chriftian  Pontiff  j  and  accordingly  he 
did  award  and  pronounce, 

I.  «  npHAT  there  fhould  be  a  firm  and  ftable  Peace 
'     JL      between  the  two  Kings. 

II.  4  That  the  voluntary  forbearing  of  Hoftility,  and 

*  the  Truce  lately  made  and  confirmed  between  the  two 

*  Kings,  &c.  fhould  be  inviolably  obferved. 

III.  '  That  the  King  of  England  fhould  marry  Mar- 

*  garet,  the  King  of  France's  Sifter,  and  endow  her  with 
'  I5,OOO7.  Turnois  (i.e.  3750 7.  Sterling)  per  Ann. 

IV.  *  That  Ifabel,    the  Daughter  of  the   King  of 

'  France,  not  then  (even  Years  old,  fhould,  at  conve-     [  112  ] 
'  nient  Time,  be  married  to  Edivard  the  King  of  Eng- 

*  land's  Son,  then  thirteen  Years  of  Age,  with  the  Dower 
'  of  1 8,OOO  7i  Turnois,  per  Ann. 

V.  <  That 

»  in  Eldomade  Pentecofles,  apud  Eboracum,  cmxia  c^titf  frfus 

Bjronibus  <t  Communitati  Ttrm  Rex  conceit;  non   Timer t  tem'tus,fcj 
mira  I'c/untate  et  Jint  Prtcie,  cc-f.rnav:.t,     Annal.  Wy^on;. 


126  The  Parliamentary  HISTORV 

King.E«faw</I»  V.  <  That  all  Goods  on  either  Side,  Ships  efpecialJy, 
6  taken  before  the  War,  and  then  not  embezzled  or  de- 
'  ftroyed,  ftiould  be  reftored  ;  and  if  deftroyed  and  not 
«  to  be  found,  then  either  King  to  make  Satisfaction  at 

*  the  Requeft  of  each  other. 

VI.  «  That  all  the  Lands,  Vaffals,  and  Goods  which 
c  the  King  of  England  had  in  France  before  the  War, 

*  which  he  may  have  reftored  to  him  by  virtue  of  this 

*  Compromife,  he  (hould  have  and  enjoy  under  fuch 

*  Conditions  and  Security  as  (hall  be  awarded. 

VII.  *  That  all  the  Lands,  Vaffals,  and  Goods  which 

*  the  King  of  France  was  then  pofTefTed  of,  that  were  the 

*  King  of  England's  before  the  War,  and  thofe  the  King 

*  of  England  was  then  poffeffed  of,  fliould  be  put  into 

*  the  Hands  and  Poffefiion  of  the  Pope,  and  fo  to  remain 
4  untill  the  Kings  themfelves  agreed  about  them,  or  he 

*  fliould  order  what  was  therein  to  be  done,  without 

*  Prejudice  to  the  Lands,  Vaffals,  and  Goods  ;  or  the 

*  Kings,  as  to  the  Poffeflion,  Detention,  or  Property  of 
'  them.' 

This  Pronunciation,  or  Award,  was  dated  at  the 
Pope's  Palace  at  Rome,  on  the  20th  of  June,  1298, 
26th  of  Ediuard  I. 

To  which  Award,  when  it  was  read  in  Parliament, 
all  the  Clergy  and  Laity  gave  their  Con  fen  t  v/. 

And  now  the  Lords  and  Commons  *  preffed  the  King 
to  ratify,  in  Perfon,  the  Great  Charters,  with  the  addi- 
tional Articles,  which  he  had  only  done  by  Commiflion 
before.  Edward  was  very  fliy  in  -this  Matter;  loth  he 
was  to  grant  their  full  Requefts,  and  as  unwilling  to 
deny  them.  To  gain  Time  he  made  no  preient  An- 
fwer ;  and  when  he  was  yet  more  urged  to  perform  his 
Promife,  he  left  the  City  without  their  Knowledge; 
which,  they  finding  out,  followed  him,  and  feemed 
much  difcontented  at  his  Conduct.  Edward  excufcd 
himfelf  to  them,  by  complaining  that  the  Air  of  the 
City  was  prejudicial  to  his  Health,  and  came  but  into 
the  Country  for  a  Time  to  recover  it;  he  defined  that 
£  113  ]  they  would  go  back  to  the  City,  and  they  fhould  have 
an  Anfwer  by  his  Council,  fo  far  as  it  fliould  ftand  with 
Reafon  to  content  them.  They  returned  to  the  City, 

and 

w  Phis  omr.is  et  Citrus.     M.  Weftminfter. 

x  Prcccres  et  Communes,     Knyghton,  col.  2  518. 


of    E  N  G  L  A  N  D.  127 

und  foon  after  the  Charters  were  fent  them,  confirmed  King  E&otrd I. 

according  to  their  Requetts,  except  that  at  the  latter 

End  of  them  were  added  thefe  Words,   Salvo  femper 

Statu  Corona,  faving  always  the  Rights  of  the  Crown. 

But  this  Addition  fo  offended  the  Lords,  that  they  broke 

up  and  returned  home  in  as  great  a  Difpleafure  againft 

the  King  as  before. 

The  Council  doubting  fome  feditious  Practices  might 
enfue,  delivered  the  Charters,  fealed  and  figned  as  they 
were,  to  the  Sheriffs  of  London^  that  the  fame  might 
be  read  openly  before  the  People r.  This  was  accord- 
ingly done  at  St.  Paul's  Crofs,  in  the  Prefence  of  a  great 
Affembly  there  met  for  that  Purpofe.  The  People,  be- 
fore they  heard  the  additional  Words,  gave  many  Blef- 
fings  to  the  King  for  thefe  Grants  ;  but  they  no  fooner 
heard  the  Conclufion,  than  they  curfed,  fays  our  Au- 
thority, as  faft  as  they  had  blefled.  However,  the  King 
finding  no  other  Way,  before  this  Parliament  was  dif- 
folved,  gave  Notice  to  the  Lords  to  meet  again  after 
£ 'after ,  and  then  he  would  grant  them  all  they  defired. 

But  this  Meeting,  after  Eajler,  was  not  of  the  Lords  Anno  Rtgni  aS^ 
only,  but  another  Parliament   called   by   the   King's        13°°« 
Writs,  as  the  former,  dated  at  Wejlminfter,  April  10, 
to  meet  In  qulndena  Pafchse,  May  3,  following  «.     It 
was  in  this  Parliament  that  the  King  actually  confirmed 
the  Great  Charters,  and  alfo  a  new  one  for  their  better 
Explanation,  called,  in  our  Law- Books,  Artlculi  Juper 
Cbartasy  or  Articles  upon  the  Charters  b. 

Two  eminent  Writers  of  Englijh  Hiftory,  of  the  laft 
Age,  Dr.  Brady  and  Mr.  Tyrrel^  the  former  a  warm 
Advocate  for  the  Prerogative  of  the  Crown,  the  other 
as  zealous  a  Champion  for  the  Liberties  of  the  People, 
have  taken  great  Pains  to  fearch  into  our  Records,  Hi- 
ftories,  &c.  for  the  Support  of  their  different  Opinions. 
Between  them  both  then  we  may  come  at  Truth  ;  and 
therefore  we  mail  make  no  Scruple  to  quote  them  when 
any  Thing  fo  apparent  intervenes.  And  here,  on  the 
King's  confirming  the  Charters  this  Time,  Mr.  Tyrrel 
makes  the  following  Remark  ;  tho'  tf  he  had  named  his 

Author, 

'  Hollingfiead's  Ckron.  from  the  Cbnn.  of  d&irgtuit 

a  Dugdate,  from  clauf.  27  Ed-iv,  I.   m.  16.  dorfo. 

^  Statum  at  larget  An,  1300,  Co^'s  id  Injlitut.  537« 


128  The  Parliamentary  HISTORY 

King£«/«w<M.  Author,  or  told' us  where  the  Manufcript  lay,  the  Sto:^ 
would  have  been  much  more  credible.  He  fays,  *  That 
*•  I!4  J      though  our  printed  Hiftorians  do  not  mention  it,  yet  a 
Manufcript  Author  of  that  Time  relates,  concerning 
^?fTrthe7rlti- this  Tranfadion,  That  the  King  was  at  firft  loth  to 
fed  in  Parlia-  grant  this  Requeft  of  the  Archbifhop  and  Barons  ;  and 
»ent.  therefore,  to  avoid  it,  tried  to  work  upon  each  of  th« 

Lords  apart,  fome  by  fair  Words  and  Promifes,  and 
others  by  Prefents,  to  put  off  this  Bufmefs  till  the  next 
Parliament  after  Michaelmas ;  and  therefore  now  defired 
jio  more  Aid  of  them  than  a  twentieth  Part  of  their 
Goods;  and  through  thefe  fubtle'Methods  he  prevailed 
with  the  greater  Part  of  them  :  Yet,  notwithstanding 
this,  the  Bifhops,  and  many  of  the  moft  confiderable 
Noblemen,  ftill  perfifted  in  their  firft  Demand  of  having 
.the  Charters  confirmed,  and  that  the  Bifhops  and  Earls 
Ihould  alfo  put  their  Seals  to  them  ;  at  which  Propofals 
the  King,  much  offended,  afked  them,  If  they  took  him 
for  a  Deceiver  ?  Whereupon  the  Lords  defifted  for  a 
fewDays  from  theirPetition;  yet  at.laft  theKing,  being 
prevailed  on  by  the  Perfuafions  of  fome  that  were  near 
about  him,  went  into  IVeJlminfter-Rull^  and  there  con- 
firmed  the  Great  Charter,  with  the  Articles  upon  it, 
which  he  caufed  to  be  read  before  all  there  prefent,  and 
then  ordered  his  Great  Seal  tp  be  put  to  it;  and,  fpeak* 
ing  in  Englijh,  commanded  the  Archbifhop,  If  he  knew 
the  f aid  Articles-  to  le  deficient  in  any  Point,  that  he  (hould 
declare  it,  and  they  Jhouid  be  presently  amended  :  Then  he 
permitted  the  Archbifhop  and  BifJhops  to  denounce  all 
thofe  excommunicated  that  mould  pr.efume  to  break  or 
[  115  ]  infringe  the  faid  Charters,  or  any  Thing  therein  con- 
tained. This  prudent  Acl  was  very  feafonable,  and 
quieted  the  angry  Minds  of  the  Nobility,  efpecially  the 
Earl  of  Warwick,  and  the  Lord  Walter  Beauchamp> 
Steward  of  the  King's  Houfhold,  who  were  like  to  have 
gone  into  their  Countries  to  have  raifed  Forces  to  com- 
pel the  King,  had  he  not  voluntarily  agreed  to  do  it/ 

There  are  two  Laws  extant  in  our  Statute- Books* 
that  were  made  this  Year;  and  one  that  is  called  the 
Statute  de  falfa  Moneta,  dated  at  Stebenbeath,  now 
Stepney.  Which  la  ft  was  certainly  no  more  than  a 
Royal  Proclamation  againft  the  Coiners  and  Venders,  of 
falfe  Money  at  that  Time,  when  it  was  very  current  in 

the 


0f    ENGLAND.  12$ 

the  Kingdom  c.     And  it  is  as  certain  that  feveral  moreKins  Ed-ward  it 
Acts  of  State  are  put  down,  and  printed  as  fuch  in  our 
Statute- Books,  which  were  no  more  than  Royal  Edicts 
not  authorized  by  Parliament. 

About  this  Time  the  Scots,  ever  ready  to  watch  all 
Opportunities,  whilft  Edward  was  bufy  in  the  South, 
again  revolted,  bred  a  great  Difturbance  in  that  King- 
dom, and  brought  the  Englrjb  Garnfons,  left  there,  to 
much  Diftrefs.  The  King  found  himfelf  obliged,  tho* 
in  the  Depth  of  Winter,  to  march  againft  them  ;  and 
therefore  fummoned  another  Parliament  to  meet  him  at 
York.  Our  old  Hiftorians  call  this  Meeting  a  Parlia- 
ment ;  and  fay  that  it  was  called  to  meet  in  that  City 
at  Martinmas^  tho'  no  Writs  of  Summons  for  it  are 
now  extant,  nor  can  we  find  any  Account  of  what  was 
tranfacted  in  it.  The  King  went  from  hence  to  Ber- 
iioick,  where,  the  Winter  proving  very  fevere,  he  was 
obliged  to  ftay  till  the  Spring  Seafon  before  he  could 
effect  any  Thing  ;  but  very  early  in  that  Seafon  Ed- 
ivard  made  another  Inroad  into  Scotland,  foon  fubdued 
thofe  refolute  Spirits,  and  obliged  them  to  fue  to  him 
again,  in  a  moft  fubmiffive  Manner,  for  Peace. 

But  before  the  King  entered  Scotland  this  Time,  he 
ifTued  out  Writs  for  calling  a  new  Parliament  to  meet 
at  Lincoln  d,  which  were  dated  at  Berwick,  December  29, 
to  meet  the  fecond  Sunday  in  Lent  [March  13]  follow- 
ing ;  and  moft  of  thefe  Writs  and  Returns  are  now 
extant.  The  Summons  to  this  Parliament  are  more 
numerous  and  more  extraordinary  than  any  we  have  yet 
met  with  ;  for  the  King  not  only  fummoned  the  Peers, 
Knights,  Citizens,  and  Burgefles,  (in  which  he  directs 
the  Members  of  the  laft  Parliament,  if  living  and  capable 
of  that  Service,  to  be  returned)  the  Archbiftiops,  and 
Bimops,  with  many  of  the  Clergy,  and  the  Judges  ; 
but  likewife  directed  Writs  to  the  Chancellors  of  both 
the  Univerfities,  to  fend  from  Oxford  four  or  five,  and 
from  Cambridge  two  or  three,  de  difcreticribus  et  in  Jure 
fcripto  magis  expertis  pnzdiflce  Univerfttath.  We  have 
thefe  Writs  in  Prynne's  Parliamentary  Regifter^  Part  the 

VOL.  I.  I  Firft, 

c  Aino  Gratia  M.CCC.  in  7rigilij  Pafchz,  5  Id.  A  p.  Momta  qua  di- 
titur  Pollards  &f  Crokards,  &  alft?  fdlfa  Moncta  per  Angliam  probibentur. 
Mat.  Weflm. 

d  Mat.  Weflmlnjlcr. Knyglton  fays  Stamford.  The  Statute  di  Ef- 

.iil>us  was  m«iie  at  this  Time,  Statutet  at  targe ;  Anno  1301. 


Parliamentary  HISTORY 

p.  345,  and  in  the  third  Volume  of  his  Collegians, 
p.  884.  There  are  likewife  the  Returns  from  the  two 
Univerfities,  four  from  Oxford,  not  particularly  named, 
and  two  from  Cambridge,  Simon  de  Wcldene,  a  Monk, 
and  Hugo  Samfon,  Jurifferiti.  They  were  all  to  meet 
at  Lincoln  on  the  O&aves  of  S.  Hilary ,  or  January  21 
following  :  But  the  Writs  for  calling  this  Parliament, 
with  the  King's  Reafons  for  it  included,  are  fo  extra- 
ordinary, that  we  chufe  to  give  a  Tranflation  of  the 
Subftance  of  them  as  follows  c  : 

After  a  Recital,  '  That  the  King  had  granted  the 

*  Charter  of  the  Foreft,  and  had  affigned  Commiffioners 

*  in  every  County  where  there  were  Forcfts,  to  make 
'  Perambulations,  and  to  report  them  to  himfelf  before 

*  any  Execution  was  done  thereon,  that  his  own  Oath, 

*  the  Rights  of  the  Crown,  his  Reafons  and  Claims,  as 

*  well  thofe  of  all  others  might  be  faved  ;  and  though 

*  the  faid  Commiflioners  had  already  returned  to  him 

*  what  they  had  done,  yet  becaufe  the  Prelates,  Earls, 

*  Barons,  and  Great  Men  of  the  Kingdom,  in   whofe 

*  Prefence  he  would  have  his  own  and  the  Reafons  of 

*  all  others  propofed  and  heard,  were  not  then  prefent 
'  with  him ;  fuice  there  were  others  who  were  bound 

*  with  himfelf  to  obferve  and  maintain  the  Laws  and 

*  Rights  of  his  Crown ;  and  farther,  that  thofe  who 

*  ought  to  propound  their  Reafons  concerning  this  Mat- 

*  ter,  had  no  Notice  of  it,  without  whofe  Advice  a  good 

*  End  could  not  be  put  to  it :  Therefore,  becaufe  this 

*  Bufmefs  might  be  difpatched  without  Delay,  he  was 
'  willing  to  have  a.  Conference  and  Treaty  with  the 
'  Prelates,  Earls,   Barons,   and  Great  Men  aforefaid, 
'  and  others  of  the  Community  of  the  Kingdom ,  concern- 

*  ing  this  Affair,  and  other  arduous  Matters  touching 

*  himfelf  and  the  State  of  the  Kingdom ;   he  therefore 

*  commanded  and  firmly  enjoined  him  the  faid  Sheriff 

*  of  Cumberland,  to  caufe  to  appear  before  the  King  at 
'his  Parliament  at  Lincoln,  on  the  O&aves  of  St.  Hi- 

*  lary  next  coming,  -two  Knights   of  his  County,  viz. 
£•116]      '  T'bofe  who  came  for  the  Community  of  the  County  by  his 

*  Precept  to  the  loft  Parliament,  and  alfo  the  fame  Citi- 
'  zens  and  the  fame  Burgeffes  for  all  the  Cities  and  Bur- 
'  roughs  within  his  Bailiwick  -y  and  if  any  of  them  were* 

c  From  Prynne  and  Dugdale. 


^ENGLAND.  131 

dead,  or  infirm,  then  to  caufe  others  to  be  chofen,  and  KiflS  Efaard  I. 
come  in  their  Stead  j   fo  that  they  might  be  prefent  at 
the  Day  and  Place  aforefaid,  with  full  Power  to  hear 
and  do  what  fhould  be  then  ordained  for  the  common 
Profit  of  the  Kingdom.' 

Then  the  Writ  concludes  v/ith  a  Claufe  of  allowing 
the  Knights  and  Citizens  reafonable  Expences  in  coming 
to,  flaying  at,  and  returning  from,  the  Parliament;  and 
with  a  farther  Command  to  the  Sheriffs,  to  make  Pro- 
clamation in  their  Counties,  «  That  all  thofe  who  would 
'  put  in  any  Exceptions  againft  the  faid  Perambulations 
«  fhould  appear  before  him,  and  exhibit  them  in  Par- 
*  liament.'  Witnefs  the  King  at  the  Rofe f  the  Jix-and- 
twentieth  of  December,  in  the  eight-and-twentieth  Tear 
of  his  Reign. 

The  like  Writs  were  fent  to  all  other  Counties  of 
England,  except  Che/hire  and  the  Bifhoprick  of  Dur- 
ham z. 

This  is  the  Subftance  of  the  Writ  of  Summons  in 
Englijh,  wherein  the  Reafons  are  given  why  the  Per- 
ambulations could  not  be  receiv'd  and  confider'd  fooner : 
And  the  Writs  to  the  Bimops,  Earls,  and  Barons,  were 
in  the  fame  Form  and  Words,  as  to  the  Reafons  of  it, 
as  thofe  to  the  Commons. 

The  King  wrote  alfo  to  the  Commiffioners,  that  had 
made  the  faid  Perambulations,  to  be  at  this  Parliament, 
and  bring  with  them  thofe  Perambulations,  and  all 
Things  that  concerned  them. 

At  the  opening  of  this  Allembly  Roger  de  Brabazon* 
the  King's  Chief  Clerk,  or  Secretary,  and  Privy  Coun- 
fellor,  made  them  an  excellent  Speech  on  the  King's 
Behalf,  to  this  Effect :  «  His  Majefty  has  ordered  me  to     [  i 17  "| 
let  you  underftand,  that  whatever  he  hath  done  in  his 
late  Wars,  hath  been  performed  by  your  joint  Confent 
and  Allowance  ;  but  that  lately,  by  reafon  of  the  fud- 
den  Incurfion  of  the  Scots,  and  the  malicious  Contri- 
vances of  the  French,  the  King  hath  been  put  to  fuch 
I  2  extra-  . 

f  Rife  Caftle  in  Cumberland,  now  the  Bifliop  of  Carlijlts  Palac«. 

g  Dr.  Brady  fays  Cb(J)>ire  only  ;  but  it  is  his  Miftake,  for  Durham  fent 
no  Members  till  the  2<;th  cf  Charles  II.  See  Statutes  at  large. 

Tyrrel  cbferves,  that  the  Doftor  hath,  in  his  Introduction,  drawn  fome 
Arguments  from  this  Writ,  to  prove  that  the  King  might  antiently  have 
caufed  iL-hat  Members  be  p/eafcJ  to  be  returned,  to  Parliament :  But  that  he 
had  fully  anf-.vered  thofe  Arguments,  and  prints  the  Writ  Verbatim  from 
the  Record  in  Suppoit  of  ths  contrary  Opir.ion.  Jjrnf,  Vol.  Ill, 


132  The  Parliamentary  HisToRr 

King  EdioarJl.  <  extraordinary  Expences,  that  being  quite  deftitute  of 
'  Money,  he  therefore  defires  a  Pecuniary  Aid  of  you, 
«  viz.  a  Fifteenth  of  your  Temporal  Eftates.'  Here- 
upon the  Nobility  and  Commons  began  to  murmur,  and 
complained  grievoufly  againft  the  King's  menial  Ser- 
vants and  Officers,  for  feveral  violent  Depredations  and 
Extortions.  Afterwards  they  defired  that  the  Liberties 
contained  in  the  Great  Charter  mould  remain  for  ever 
in  full  Force :  Alfo  they  requefted  the  King  that  the 
Disforeftings,  by  which  the  richer  Sort  had  encroached 
much  upon  the  Poor,  and  which  he  had  often  promifed 
ihould  be  amended,  might  be  now  ordered  to  be  done 
•without  more  Delay.  Thefe  and  fome  other  Articles, 
•which  they  earneftly  prefs'd  the  King  to  grant,  protracted 
this  Seffion  feveral  Days.  At  laft,  fays  our  Authority  s, 
the  King  perceiving  that  they  would  not  defift  from  their 
Demands,  nor  would  fupply  his  Neceflities  without  they 
were  granted ;  he  anfwered,  That  he  was  ready  to  do 
what  they  would  have  him,  and  if  they  had  any  Thing 
elfe  to  afk  it  mould  be  granted.  Then  the  Charter  of  Li- 
berties and  that  of  the  Forefts  were  again  renewed,  and 
fealed  with  the  King's  Seal.  They  were  afterwards  car- 
ried into  every  County  in  England^  and,  when  read  be- 
fore the  People,  .the  Sentence  of  the  greater  Excommu- 
nication, as  ordained  by  the  Archbiihop  of  Canterbury 
and  the  reft  of  the  Bifliops,  againft  the  Violators  of  them, 
was  proclaimed  amongft  them.  For  this  Confirmation 
of  their  Liberties,  this  Parliament  granted  the  King  a 
Fifteenth  of  all  their  moveable  Goods,  to  take  Place  at 
Michaelmas  following.  But  the  Archbiftiop  of  Canter- 
bury again  refufed  to  lay  any  Tax  upon  his  Clergy,  or 
on  any  of  the  Temporalities  annexed  to  the  Church, 
without  a  fpecial  Licence  from  the  Pope. 

Dr.  Black/lone  obferves  h,  '  That  this  Confirmation 
of  the  two  Charters  feems  to  have  been  the  final  and 
complete  Eftablifhment  of  them;  which,  he  adds,  from 
their  firft  Conceffion  under  King  John,  Anno  1215,  had 
often  been  invaded,  and  undeigone  many  Mutations  for 
the  Space  of  near  a  Century  j  but  were  now  fixed  upon 
an  eternal  Bafis,  having  in  all,  before  and  fince  this 
Time,  as  Sir  Edward  Coke  obferves,  been  eftablifhed, 

confirmed, 

«  Mat.  WeHminJIer. 

b  Ittroduftioa  to  Mtgna  Cbarte,  p,  74, 


*f   ENGLAND.  133 

confirmed,  and  commanded  to  be  put  in  Execution,  by  King  Ed-ward  i, 
two-and-thirty  feveral  Acts  of  Parliament.'  But  how- 
foever  Edward  complied  at  this  Time,  we  fhall  find,  in 
the  Sequel,  that  he  was  not  without  Hopes  of  having  an 
Opportunity  of  caflating  thefe  Charters,  and  entirely 
damning  them  for  ever. 

That  the  Barons  were  the  principal  Inftruments  to 
put  Fetters  on  themfelves,  appears  from  what  Mr.  Tyrrel 
obferves  ;  who,  tho'  no  Friend  to  the  Prerogative,  has 
given  us  an  Abftract  from  an  old  Manufcript  Chronicle',  [  118  ] 
wherein  the  infolent  Demands  of  the  Barons  run  near  as 
high  againft  this  great  and  wife  King,  as  they  did  againft 
his  Father  :  For,  fays  this  Hiftorian,  the  Great  Council 
of  the  Nobility  being  continued,  after  the  Commons 
were  rifen,  till  towards  the  latter  End  of  Lent,  they  be- 
gan to  fall  upon  feveral  rafh  and  imprudent  Projects  and 
Demands  ;  as,  That  the  Chancellor,  Chief  Juftice,  and 
Treafurer  fhould  be  chofen  and  appointed  by  the  Com- 
munity of  the  Kingdom ;  which  fo  far  provoked  the 
King,  that  he  returned  them  this  refolute  Anfwer : 

7  Perceive  you  would  at  your  Pleafure  make  your  King  The  King's  re- 
-^  truckle  to  you,  and  bring  him  under  Subjection.  fFkyhlute  Anfwer  to 
have  you  not  afked  the  Crown  of  me  alfo?  whil/l  at  the^  Demand  of 

r          t-f-  i  i  ft  rf         f     t'le  Batons,  to 

Jame  Time  you  look  upon  that  as  very  fit  and  necejjary  for  which  they  fub- 
y  our  f  elves,  which  you  grudge  me  that  am  your  King  :  Fo. 
it  is  lawful  for  every  one  of  you,  as  Majler  of  his  own  Fa- 
mily, to  take  in  or  turn  out  tuhat  Servants  he  pleafes  ;  but^ 
if  I  may  not  appoint  my  Chancellor ,  Chief  Ju/tice,  "Jufti- 
ciary,  and  Treafurer ',  /  will  be  no  longer  your  King  ;  yet 
if  they,  or  any  other  Officers,  /J)all  do  you  any  Wrong  or  In- 
jujlice,  and  Complaint  be  made  of  it  to  me,  you  Jhall  then 
have  fame  Reafon  to  complain  if  you  are  not  righted. 

This  fo  reafonable  Anfwer  of  the  King's  made  thofe 
afhamed  that  were  for  thefe  Alterations  ;  and  though 
feveral  of  them  defired  Trouble  and  Difturbance  rather 
than  Peace  and  Quietnefs,  yet  the  major  Part  of  the 
Nobility,  feeing  thefe  Defigris  to  be  vain  and  frivolous, 
humbly  begged  the  King's  Pardon  for  their  Prefumption. 

The  King  and  his  Barons  being  thus  perfectly  recon- 
ciled, an  elegant  Epiftle,  as  Matthew  IVeJlminJhr  calls 
I  3  >'> 

I  Mr.  Tyrrel  fhould  have  mentioned  the  Authority. 


134  The  Parliamentary  HISTORY 

HM$  Edward  I.  it,  was  wrote  to  the  Pope,  fealed  with  one  Hundred 
Seals,  in  order  to  prove  the  Right  which  the  Englijh 
Kings  had  tb  the  Crown  of  Scotland,  from  the  earlieft 
•Times,  againft  the  falfe  Suggeftions,  adds  he,  of  the  per-, 
jured  Scots^  who  had  avouched  otherwife. 

In  this  Parliament,  alfo,  the  King  created  his  eldeft 

Son,   Prince   Edward,  Prince  of   IVales   and   Earl  of 

fun]     Cbefter\  to  the  no  fmall  Joy  of  the  Weijb^  as  this  Prince 

was  born  amongft  them. 
The  Pope  claims      One  great  End  of  a  Parliament's  being  called  by  the 

"f^''nS»  st  this  Time,  was»  to  ^7  Before  them  a  Letter 
.  ^e  ^a<^  received  from  the  Popej  wherein  his  Holinefs 
claimed  the  Kingdom  of  Scotland  as  a  Right  belonging 
to  the  See  of  Rome  k,  as  has  been  faid ;  and  for  that  Rea- 
fon,  when  he  iflued  his  Writs  for  the  calling  of  this  Par- 
liament, the  King  wrote  alfo  to  ibme  of  his  own  Clerks, 
feveral  Deans  of  Cathedral  Churches,  feveral  Arch- 
deacons, Officials,  and  others  that  had  the  beft  Repu- 
tation for  Lawyers  in  thole  Times,  to  come  to  this  Par- 
liament, for  he  fhould  then  have  Occafion  to  treat  par- 
ticularly, with  Lawyers  and  others  of  his  Council,  about 
the  Right  and  Dominion  he  and  his  Anceftors  had  to  the 
Kingdom  of  Scotland.  To  the  fame  Purpofe  he  wrote 
alfo  to  the  Chancellors  of  both  Univerfities,  to  fend  to 
this  Parliament  the  moft  expert  and  knowing  Men  in 
the  Written  Law.  And,  further,  he  lent  his  Writs  to 
feveral  Deans  and  Chapters,  to  feveral  Abbots,  Priors, 
and  their  Convents,  to  fearch  their  Archives,  and  fend 
all  their  Chronicles,  in  which  was  to  be  found  any  Thing 
relating  to  his  Title  to  the  Kingdom  of  Scotland. 

The  Pope  alledged,  in  his  Letter,  that  the  King  of 
England^  both  againft  Reafon  and  Juftice,  had  made 
that  Claim;  for  which  he  gave  the  following  Reafons1: 
That  King  Henry  III.  had  afked  Aid  of  Alexander 
King  of  Scotland,  againft  Simon  Montfort  and  his  other 
rebellious  Barons  j  and  the  fame  King  Henry  acknow- 
ledged, by  his  Letters,  that  he  fought  not  this  Aid  from 
the  faid  King  Alexander,  as  a  Service  due  to  him,  but 
meerly  out  of  Favour.  Secondly,  When  the  faid  King 
Alexander  came  to  the  Coronation  of  the  faid  King 
Henry,  he  came  only  as  a  Friend,  and  out  of  Kind- 

«  nefs, 

k  H.  Knygbton,  col.  21529. 

I  Dr,  Brady,  Vol,  II.  P.  71,  from  the  Public  Records 


of   ENGLAND.  135 

nefs,  &c.  And  as  Edward  King  of  England^  after  the  King  Ed-ward  I. 

Death  of  Alexander,  had  attacked   and  fubdued  the 

Realm  of  Scotland,  for  want  of  a  Governor,  to  him- 

felr,  he  declared  it  was  contrary  to  Juftice  and  the 

Liberty  of  tte  See  of  Rome.     And  that  the  faid  King     [  120  ] 

Edward  had  fupprefled  all  the  Scots  Bifhops,  and  held 

them  under  Subjection  to  him,  againft  the  Conftitution 

of  the  Catholic  Church  in  general,  and  the  See  of 

Rome  in  particular.' 

The  King,  by  the  Advice  of  his  Parliament,  returned 
this  Anfwer  to  that  Part  of  the  Letter  wherein  the  Pope 
commanded  Edward  to  (end  his  Pro6r.ors  and  Mefien- 
gers  to  the  Court  of  Rome,  to  (hew  what  Right  he  had 
to  claim  the  Realm  of  Scotland,  That  be  did  not  think  Jit 
to  fay  any  Thing  to  it  him/elf,  but  that  the  whole  Barony 
of  England  would  write  to  his  Holinefs^  that  their  King 
could  not  a£l  in  that  Manner,  nor  refer  a  Right,  which 
•was  fa  clear  and  opent  to  -the  doubtful  Judgment  of  ano- 
ther Court  m. 

However,  the  King  himfelf  thought  proper  to  dif- 
femble  his  Anger  againft  the  Holy  Father,  for  this  ex- 
traordinary Stretch  of  Papal  Authority  againft  him; 
and  accordingly  anfvvered  the  Pope's  Letter  in  a  very 
fubmiffive  Manner  n.  He  was  alfo  very  copious  in 
the  Declaration  of  his  Right  that  he  had  to  Scotland, 
and  began  his  Claim  from  King  Brute  and  his  Trojans; 
and,  no  doubt,  to  amufe  the  Italians,  who  could  not 
contradict  it,  carried  his  Title  clear  through  the  fabu- 
lous Hiftory  of  Geofry  Monmouth,  C3V.  But  the  Lords 
were  more  explicit  in  theirs,  and  made  out  their  Mean- 
ing very  plain  to  his  Holinefs ;  which  Letter,  as  it  is  The  whole  Ba- 
fingular  in  its  Kind,  preferred  in  the  Collection  of  Public  Jon 
j4fls°,  and  was  entirely  a  Parliamentary  Proceeding,  <fcny  his  Cla 
muft  find  a  Place  in  our  Hiftory.  Befides,  the  Names 

of 

"»  The  Pope's  Letter  to  the  King  containing  this  Demand,  the  King's 
Ar.fwer,  with  his  Ciaim  to  Scot/and,  and  the  Barons'  Letter  to  the  Hoiy 
Father,  but  without  all  their  Names,  are  prcferved  in  Mat.  Wtjiminfler. 
The  King's  Claim  is  alfo  in  Rymer^s  Feedera,  fub  Anno  1301,  Tom.  II. 
p.  863. 

*  This  Moderation,  on  fuch  an  Occafion,  when  the  King  was  highly 
provoked  at  the  Pope's  Pretenfions,  muft  be  afcribed  to  the  Need  he 
had  of  him  in  the  Affair  relating  to  tire  Restitution  of  the  Duchy  of 
Guienne. 

«  Rymer't  Feedtra,  Tom.  II.  p.  873,4,  5,  Edit,  ficvnda* 


136  The  Parliamentary  HISTORY 

King  Edward!. Of  tnofe  Lords,  whom  Dr.  Rowel  calls  A  Lift  of  tbofe 
r  -I      worthy  Patriots  who   with/load  Papal  Ufurpation,  in  a 

J     mo  ft  bigotted  Aget  deferves  to  be  carried  down  to  lateft 
Pofterity  P. 

The  Tranflation  of  this  Letter  is  as  follows : 

Their  Names.  f0  ^e  Mojl  Holy  Father  in  Chrift,  Boniface,  by  Divine 
Providence,  Sovereign  Pontiff"  of  the  See  o/Rome,  bi$ 
obedient  Sons, 


John,  Earl  Warren, 
Thomas,  Earl  of  Lancajier, 
Ralph  de  Mount- Hermer, 

Earl   of  Gloucejler  and 

Hertford^ 
Humhry  de  Bohun,   Earl 


Hugh   de  Fere,  Baron  of 

Swanefcamps, 
William  de  Breufe,  Baron 

of  Gower, 
Robert  de  Montbault,  Ba- 

ron of  Hawardyn, 

of'  Hereford  and  Effex,     Robert  de  Tatejhall,  Baron 
and  Conftable  of  Eng-         of  Buckenham, 

Remold  de  Grey,  Baron  of 

Rut  bin, 
of    Henry  de  Grey,  Baron   of 

Codnore, 
Hugh  Bardolpb,  Baron   of 


land, 

Roger  Bygot,  Earl  of  Nor- 
folk t  and  Marefchal  of 
England, 

Guy,  Earl  Warwick, 
Richard,  Earl  of  Arundel, 
Adomer  de  Valence,  Baron 

of  Monterney, 
Henry  de  Lancajler,  Baron 
of  Monmouth, 


Robert  de  Tonny,  Baron  of 

CajUe  Mawde, 
Robert  de  Clifford,  Chat- 

tel lain  of  Appleby, 


John  de  Haftings,  Baron  of    Peter  de   Mala   Lacu,    or 


Mawley,  Baron  of  Mul- 

grave, 
William  de  Ros,  Baron  of 

Hamlake  [Helmjley], 
Robert  Fitz- Roger,  Baron 

of  Clavering, 
John  de  Mohun,  Baron  of 

Duneflar, 
Almerick    de    St.    Amandt 

3aron  of  Widebay, 

Philip, 

P  This  Catalogue  of  the  Nobility  is  printed  in  Hollingjbead's  Chronicle  j 
but  they  are  ftrangely  called  out  of  their  Names  and  Titles. 

There  are  the  Names  alfo  in  Dugdalis  Summons,  who  has  given  a  Lift 
of  thofe  fummoned  to  Parliament,-\vhofe  Names  don't  appear  to  the  Let- 
ter, and  of  thofe  who  figned  the  Letter  and  were  not  fammoned, 


Bergevenny, 

Henry  de  Percy,  Baron  of 
Topclife, 

Edmond  de  Mortimer,  Ba- 
ron of  Wtgmore, 

Robert  Fitz-Walter,  Baron 
of  Wodbam, 

William,  Baron  Molyns, 

John  de  St.  John-,  Baron  of 
Hannat, 


of    E  N  G 


N  D. 


Philip^  Baron  of  Kime, 
JVilliam  de  Ferrers,  Baron 

of  Groby, 
Alan  de  Zouch,   Baron  of 

Afhby, 
'Theobald  de  Verdon,  Baron 

of  Webberley, 
Thcmasde  Fur  nival,  Baron 

of  Sheffield, 
Thomas  de  Multon,  Baron 

of  Egremont, 
William  de  Latimer,  Baron 

of  Corby, 

Thomas,  Baron  Berkley, 
Foulk   Fitz- Warren,    Ba- 
ron of  Whitington, 
John,  Baron  Segrave, 
Edmond  de  Eincourt,  Ba- 
ron of  Thurgarton, 
Peter    Corbet,    Baron    of 

Cauz, 

William  de  Cantilupe,  Ba- 
ron of  Ravenjlhorpe, 
John  de  Beauchamp,   Ba- 
ron of  Hacche, 
Roger  de  Mortimer,  Baron 

of  Penkethlin, 
John  Fitz-Reinold,  Baron 

of  Blenleveny, 
Ralph  de  Nevil,  Baron  of 

Raby, 
Brian   Fitz-Alane,   Baron 

of  Bedale, 
William  Marjhal,  Baron  of 

Hengham, 

Walter,  Baron  of  Hunter- 
combe, 
William  Martin,  Baron  of 

Cameis, 
Henry  de  Tyes,  Baron  of 

Chilian, 
Roger  le  Warre,  Baron  of 


[    122] 


John  de  Rivers,  Baron  of  King  Edward I. 

Angre, 
John  de  Lancafter,  Baron 

of  Grifedale, 
Robert  Fitz-Pain,  Baron, 

of  Lainnier, 
Henry  Tregoze,  Baron  of 

Garinges, 
Ralph  Pipard'y  Baron    of 

Lunford. 

Walter,  Baron  Faitconberge, 
John  le  Strange,  Baron  of 

Knokyn, 
Roger  le  Strange,  Baron  of 

Ellefmere, 
Thomas  de  Chaurcis,  Baron 

of  Norton, 

Walter  de  Beauchamp,  Ba- 
ron of  Alcejler, 
Richard  Talbot,  Baron   of 

Ecclefwell, 
John  Bottecourt,  Baron  of 

Mend Jh  am, 
John    Engain,    Baron    of 

Colum, 
Hugh  de  Poinz,  Baron  of 

Cory -Ma  let, 
Adam,  Baron  of  Well, 
Simon,  Baron  of  Mont  acute, 
John,  Baron  of  Sulle, 
John  de  Moelles,  Baron  of 

Candebury, 

Edmund,  Baron  Stafford, 
John    Lovell,     Baron     of 

Berekingy, 
Edmond  de  Haft  ings,  Baron 

of  Enchimchelrnok, 
Ralph  Fitz- William,  Ba- 
ron of  Grimtborpe , 
Robert  de  Scales,  Baron  of 

Neujells, 
William  Tuchet,  Baron  of     [  I2j  ] 

Lewenhalesy 


<The  Parliamentary  HISTORY 


j0]m  ap  Jdam,  Baron  of 

Beverftone, 
John  de  Havering,   Baron 

of  Grafton, 
Robert  la  Ward,  Baron  of 

Whitehall, 
Nicholas  de  Segrave,  Baron 

of  Stowe, 
Walter  de  7ey,  Baron  of 

Stone  grave, 
John  de  Lijle,   Baron    of 

Wodeton, 

Eujlace,  Baron  Hacche, 
Gilbert  Pecche,  Baron    of 

Corby, 
William  Painell,  Baron  of 

Trackington, 
Sago  de  Knovill,  Baron  of 

White-Mincer, 
Foulk  le  Strange,  Baron  of 

Cor/ham, 
Henry  de  Pynkeny,  Baron 

of  Wedon, 
John  de  Hodelejlon,  Baron 

of  Fanes, 

John  de  Huntingfield,  Ba- 
ron of  Bradenham, 


Hugh  Fitz-Henry,  Barofi 

of  Ravenjwath,     , 
John  le  Breton,  Baron  of 

Sporle, 
Nicholas  de  Carrue,  Baron 

of  Mulesford, 
Thomas,  Baron  de  la  Roche9 
Walter  de  Muncie,  Baron 

of  Thornton, 
John     Fitz  Marmaduke^ 

Baron  of  Hordene, 
John,  Baron  of  Kingjlon, 
Robert  Hajlings,  Baron  of 

Peferee, 

Ralph,  Baron  Grcndone, 
William,  Baron  Leybourne, 
John  de   Greyjlock,  Baron 

of  Morpeth, 

Matthew  Fitz- John,   Ba- 
ron of  Stockenham, 
Nicholas  Meynill,  Baron  of 

Wherlton, 

And 
"John  de  Painell,  Baron  of 

Oteli,  or  Ottely  S 


Devoutly  Kifs  his  blefled  Feet  : 


Their  Letter  to  c 
the  Pope.  « 


R  Holy  Mother,  the  Church  of  Rome,  by 
whofe  Miniftry  the  Catholic  Faith  is  governed, 
'  as  we  firmly  hold  and  believe,  proceeds  upon  mature 
'  Deliberation  in  her  Resolutions  ;  takes  Care  to  preju- 

*  dice  no  Man  j  and  is  as  fojlicitous  to  preferve  the  Rights 
'  of  other  People  as  of  her  own.     Verily,  being  fum- 
'  moned  by  our  moft  Serene  Lord,  Edward,   by  the 

*  Grace  of  God,  the  illuftrious  King  of  England,  to  his 
'  General  Parliament  holden  at  Lincoln,  the  fame  our 
'Lord   the  King  fhewed   us  fome  Apoftolic  Letters, 
'  which,  upon   certain  Affairs  to'iching  the  Condition 
'  and  State  of  the  Realm  of  Scotland,  he  had  received 

*  from 

1  Tn  all  124  Baron1!,'  which  is  more  than  our  prefeut  Houfe  of  Lords, 
without  the  Biftiops,  confifts  of. 


cf  E  N  G  L  A  N  D.  139 

*  from  your  Holinefs,  and  ferioufly  communicate<i  them  King  Edward  i. 
4  to  us  all.  p          ^ 

4  Which  Letters,  having  heard  and  diligently  confi-     I  I24  J 
c  dered,  we  were  extremely  fhock'd  at  the  Contents  of 

*  them,  being  altogether  new  and  unprecedented. 

4  It  is  well  known,  Moft  Holy  Father,  both  in  thefe 
4  Parts  and  other  Countries,  that  the  Realm  of  England, 
4  fiom  its  firft  Inftitution,  with  the  Kings  thereof,  as 
4  well  in  the  Times  of  the  Britons  as  Saxons-,  had  an 
4  abfolute  Dominion  over  that  of  Scotland;  and,  in 
4  fucceeding  Times,  have  always  kept  the  Pofleflion,  or 
4  the  Superiority  over  the  faid  Realm.  Nor  in  any 
4  Times  did  the  faid  Realm,  by  any  Right  whatfoever, 
4  belong,  in  Temporals,  to  the  See  of  Rome:  But  rather 
4  the  faid  Realm  of  Scotland  was  always  feudal  to  the 
4  Progenitors  of  our  Lord  the  King,  from  all  Antiquity. 
4  Nor  were  the  Kings  of  Scotland,  or  their  Kingdom, 
4  ever  fubjedt  or  accuftomed  to  fubmit  to  any  other  than 
4  to  the  Kings  of  England. 

4  Neither  have  the  Kings  of  England,  in  their  faid 
4  Kingdom,  ever  fubmitted  their  Rights,  in  Temporals, 
4  to  any  Ecclefiaftical  or  Secular  Court ;  have  never  an- 
4  fvvered  to  them,  nor  ought  to  anfwer,  but  have  invio- 
4  lably  obferved  to  keep  up  the  freePreheminence,  State, 
4  and  Dignity  of  the  faid  Kingdom,  at  all  Times. 

4  Whence,  upon  a  due  Diliberation  and  treating  up- 
4  on  the  Contents  of  your  memorable  Letter,  the  com- 
4  mon  and  unanimous  Confent  of  all  and  fmgular  was, 

*  is,  ami  will  be,  God  willing,  for  ever, 

*  That  our  aforefaid  Lord  the  King  ought  not  to 
4  anfwer  judicially  before  you,  nor  fubmit  his  Rights 
4  over  the  Realm  of  Scotland,  nor  any  other  of  his; 
4  Temporal  Rights  whatfoever,  to  your  doubtful  Judg- 
4  ment.  Neither  has  he  any  Reafon  to  fend  his  Mef- 
4  fengers  or  Pro6lors  to  plead  for  him  in  your  Prefence  ; 
4  particularly,  when  the  Premifles  will  moft  m'anifeftly 
4  tend  to  the  difmheriting  of  the  Right  of  the  Englifl) 

*  Crown,  and   its  Royal  Dignity,  and    the  utter  Sub- 

*  verfioii  of  the  State  of  the  laid  Kingdom  ;  and  be   a 
4  Prejudice  to  our  Liberties,  Cuftoms,  and   paternal 
4  Laws  ;  the   Obfervation  and  Defence  of  which  we 

4  ftand  obliged,  by  our  Oaths,  to  defend  ;  and  which,     C  I25  I 
4  by  the  Help  of  God,  we  will,  with  all  our  Power  and 

4  Strength, 


The  Parliamentary  HISTORY 

King  Edward  l. e  Strength,  maintain.    Neither  fhall  we  in  any  wife  per- 

*  mit,  as  we  can  and  ought  to  hinder,  fuch  unaccuftom- 
'  ed  Doings  ;  nor  (hall  we  fuffer  our  aforefaid  Lord  the 

*  King  in  any  Manner  to  attempt  to  do,  if  he  would, 
'fuch  undue,  prejudicial,  and,  heretofore,  unheard-of 
«  Aaions. 

c  Therefore  we  humbly  and  reverendly  befeech  your 
'  Holinefs,  that  you  would  kindly  permit  our  Sovereign 
'  Lord  the  King,  (who,  amongft  other  Princes  of  the 

*  the  Earth,  (hews  himfelf  a  true  Catholic,  and  devoted 

*  to  the  fee  of  Rome)  to  poflefs  quietly  all  his  Rights, 
c  Liberties,  Cuftoms,  and  Laws,  without  Diminution 
'  or  Difturbance. 

'  In  Teftimony  of  which  we  have  put  our  Seals  to 
'  thefe  Prefents,  as  well  for  ourfelves,  as  for  the  whole 

*  Community  of  the  aforefaid  Realm  of  England.    Datis 

*  et  afiis  Lincolniae,  Anno  M.CCC.I.' 

We  have  now  gone  through  with  the  Tranfadtions 
of  this  memorable  Parliament  at  Lincoln,  which  began 
in  January,  1301  ;  but  how  long  it  fat  is  uncertain. 
However,  we  find  no  Mention  of  another  Meeting  of 
Parliament  till  the  next  Year,  when  it  was  called  to 

Anno  Re  ni  -o  ^eflminj^er  on  tne  ^r^  ofjuly,  1302  r,  Anno  Regnl  30. 

'an  1 30e2.m  3°*  We  have  for  Authority,  in  Dugdale,  the  Writs  to  the 

Prince  of  Wales  and  Peers,  to  the  Archbifhops  and  Bi- 

AtWeJ!mi*fler.  fljOpSj  and  t|-,ofe  to  the  Judges  and  Council,  dated  apud 
Thurrock-Greys,  the  fecond  of  June  this  Year  ;  but  we 
do  not  find  that  the  Commons  were  fummoned  to  this 
Meeting.  The  Bufinefs  it  was  called  for  was  to  con- 
fult  together  about  concluding  a  Peace  with  France^ 
which  was  then  upon  the  Carpet :  And,  to  that  End, 
the  King's  Council  defired,  That  his  Majefty  might  go 
over  there  in  Perfon  in  order  to  treat  with  the  ^French 
King  viva  Voce  about  it ;  which  Refolution,  they  added, 
would  pleafe  the  Nobility  of  both  Kingdoms  much ;  nor 
could  the  middle  and  lower  Sort  of  People  be  aggrieved 

at 

r  There  are  fome  Pleadings  in  Rjlcy,  faid  to  be  made  in  Parliaments  apud 
Weftm.  in  OBabn  5.  Johannis  Bapt.  An.  Reg.  R.  Ed.  Filii  R.  Hen.  tn- 
tejimo,  p.  231.  4 

Tyrrel  gives  us  alfo  another  Great  Council  (not  a  Parliament,  he  fays, 
brcauic  no  Commons  were  fummoned)  at  Stamford  this  Year,  in  Midler.t, 
where  fome  Complaints  were  made  that  the  Forefl  Laws  were  not  yet  put 
in  Execution,  &c.  Vol.  III.  p.  j^g. 

*  la  the  County  of  EJJ'ex, 


of   ENGLAND.  141 

at  It:  But  the  Parliament  defiring  more  Time  to  confiderKing  Edward  h 
of  this  Motion,  they  were  diflblved,  and  a  new  one 
was  fummoned  to  meet  at  London  ;  the  Writs  for  which 
were  dated  at  Wejlminfler  the  24th  of  July,  for  Michael- 
mas following.  The  Writs  for  fummoning  the  Knights, 
Citizens,  and  Burgefles  to  this  fecond  Parliament  are  ftill 
extant '  ;  but  in  the  Body  of  thofe  to  the  Peers  only,  &c. 
is  particularly  exprefied,  '  That  they  were  called  to 
confult  about  a  Propofal  offered  to  the  laft  Parliament 
relating  to  the  King's  going  abroad,  &V.' 

But  tho'  this  Parliament  was  fummoned  to  meet  at 
Michaelmas^  as  has  been  faid,  yet  the  King,  for  Rea- 
fons  not  given,  thought  fie  to  prorogue  them  by  Pro- 
clamation to  the  14-th  of  October  following  u;  when, 
being  met,  and  the  fame  Propofal  again  made  to  them 
as  in  the  former,  it  was  unanimoufly  rejected,  and  a 
Refolution  made,  '  That  the  King  fhould  remain  in  his 
own  Dominions,  and  not  go  abroad  out  of  them  on  any 
Command  or  Pretence  of  the  French  King's  whatfoeverw. 
We  cannot  find  that  there  were  any  Aids  afked,  or  any 
other  Bufmefs  done  at  this  Parliament,  except  the  Plead- 
ings mentioned  from  Ryky,  at  Note  *  in  the  foregoing 
Page,  may  belong  to  it. But  to  proceed. 

There  is  fome  Notice  taken  of  a  Parliament  in  the     [  126  ^ 
Public  Ac-Is,  faid  to  be  called  in  Lent  this  Year,  wherein 
the  King  ordains  four  of  his  Chaplains  to  be  Receivers  of  A    oRe    • 
Petitions  at  it.    But  Ry  ley  has  preferved  a  great  deal  of  a        1305." 
Parliament  which  his  Authorities  fay  was  held  at  IVefl-       „,.  .  . 
minfler,  on  the  Sunday 'after  the  Feaft  of  St.  Matthias 
the  Apoftle,  in  the  thirty-third  Year  of  his  Reign.  The 
primary  Ceremonials  of  which,  as  they  are  very  circum-  The  jvfanner  Of 
ftantial,  may  give  our  Readers  a  Notion  of  the  whole  opening  a  Parlia. 
Proceedings  of  fuch  an  AiTembly  in  thofe  Times,  tranf-  ™ent, in  this 
lated  from  the  old  French,  as  follows.    Firjl,  It  was  or- 
dained by  the  King,  that  Sir  Gilbert  de  Roubiry,  Mafter 
John  de  Caam,   Sir  John  de  Kirkeby,   and  Mafter  "John 
Bufsh  fhould  be  Receivers  of  all  the  Petitions  of  thofe 

who 

t  Vide  Dugdales  Summons  for  the  Lords  j  and  Prynne's  Parliamentary 
Regifter,  Part  II.  p.  66,  for  the  Commons. 

u  Dated  at  Lewes  \aSufflx,  Sept.  13.  Ufque  inCro/l.  S.  Edwardi. 

w  Totiut  Regni  Conjllio  defnltum  eft,  Rcgem  in  Regno  proprio  comrhatitrrt 
nee  pro  Mandate  vil  Svggtftione  Rfgii  Francorum  ait  Anglu  egredi  eft  per- 
mi/us.  Mat.  Wcftm.  fat  hoc  Anns. 


142  The  Parliamentary  HISTORY 

King  Edward  I.  who  fliall  be  Petitioners  of  this  Parliament  at  We/hninfter* 
And,  upon  this,  Proclamation  was  made,  by  the  King's 
Command,  in  the  Great  Hall  at  Wejlminfter,  at  the 
Chancery-Bar,  and  before  the  Courts  of  the  King's 
Bench  and  Exchequer,  in  the  Guildhall  of  London,  and 
in  Weftck**ft\  in  thefe  Words : 

r          -J      •   «  Know  all  thofe  that  come  with  Petitions  to  this  ap- 
6  preaching  Parliament,  that  they  deliver  them  from  Day 

*  to  Day,  betwixt  this  Time  and  the  firft  Sunday  in  Lent 

*  at  the  fartheft,  to  Sir  Gilbert  de  Roubiry,  Mafter  John 
<•  de  Caam,  &c.  or  to  any  of  them,  who  are  appointed 

*  to  receive  them  to  the  aforefaid  Time  at  the  fartheft*. 
'  And  by  this  Ordinance  and  Proclamation  all  Petitions 

*  {hall  be  given  in  accordingly.' 

After  this  the  King  afiigned  Sir  William  Ing,  Mafter 
Richard  de  Havering^  Sir  "John  de  Glide  ford,  "James  de 
Dalileigh,  and  Mafter  John  de  We/ton,  to  receive  all 
the  Petitions  which  concerned  the  Kingdom  of  Scotland. 
He  alfo  affigned  the  Bifhop  of  Chefler,  the  Earl  of  Lin- 
coln, Sir  Aymere  de  Valence,  Sir  'John  de  Bretaign,  Sir 
"John  de  Havering*  Sir  Arnold  de  Canpenn,  the  Prior  of 
Mafe,  Mafter  Peter  Arnold  de  Bik,  Mafter  Peter  Erne- 
rick,  and  Sir  John  de  Sandale,  to  receive  and  anfwer  all 
the  Petitions  that  concern  the  People  of  Gafcoigny,  which 
may  be  anfwered  without  the  King.  The  King  alfo 
appointed  Sir  John  de  Berivyn,  Sir  Henry  de  Stainton, 
William  de  Dene,  William  de  Mortimer,  and  Roger  de 

•v^,  Beanfon,  to  receive  all  the  Petitions  from  Ireland  and  the 

Ifle  ofGuernfey,  and  to  anfwer  all  thofe  that  may  be  an- 
fwered without  the  King.  And  all  Petitions  chat  either 
concern  Scotland,  Gafcoigny,  Ireland,  and  Guernsey  muft 
be  firft  delivered  to  thofe  appointed  by  the  aforefaid 
Gilbert  de  Roubiry,  Mafter  John  de  Caam,  John  de  Kirke- 

And  of  diflbl-    by,  and  Mafter  John  Bufsh,  in  the  Manner  aforefaid. 

vmg  them.  The  Bufmefs  of  the  Seffion  being  over,  this  following 

Proclamation  was  made  by  the  King's  Command,  which 
feems  to  be  the  Method  of  diflbl ving  a  Parliament  at 
that  Time: 

'  All  Archbifhops,  Bifhops,  and  other  Prelates,  Earls, 

*  Barons,  Knights  of  Shires,  Citizens   and  Burgefles, 
'  and  all  other  of  the  Commons  which  are  come,  by 

1  the 

x  This  was  an"  Allowance  in  Time  of  iuft  a  Week  j  Eaflcr-Day  this 
Year,  1305,  was  on  the  iSth  of  dpri!. 


of    E  N  G  L  A  N  D.  143 

«  the  Command  of  our  Sovereign  Lord  the  King  to  this  King  Edward  I. 
'  Parliament,  the  King  gives  them  many  Thanks  for 

*  their  coming,  and  wills  that,  as  they  have  defired, 
'  they  may  return  into  their  own  Country;  going  forth- 
'  with  and  without  Delay,  notwithstanding  other  Com- 

*  mands,  except  the  Biihops,  Earls,  Barons,  Juftices,     p     2Q  T 
'  and  others,  who  are  of  the  King's  Council,  and  thofe 

«  muft  not  depart  without  fpecial  Leave  from  the  King. 

*  Thofe  alfo  who  have  Bufmefs  have  Leave  to  follow  it. 
'  And  the  Knights  which  are  come  for  the  Shires,  and 
«  others  for  the  Cities  and  Boroughs,  may  apply  them- 

*  felves  to  Sir  John  tie  Kirkeby,  who  will  give  them  Briefs 
4  to  receive  their  Wages  in  their  fever al  Countries.  And 
«  the  aforefaid  John  de  Kirkeby  is  hereby  commanded 

*  to  deliver,  to  the  Chancellor,  the  Names  of  all  the 

*  Knights  of  Shires,  and  the  Names  of  all  the  Citizens 
'  and  Burgeffes,  that  come  for  fuch  Briefs  for  their  Ex- 

*  pences.' 

Many  are  the  Petitions  which  Ryley  has  given,  with 
the  Anfwers  to  them,  in  his  Collection;  the  greater}.  Part 
of  them  are  private  Concerns  and  Complaints:  There  is 
one,  however,  of  a  public  Nature,  which  cannot  be  paf- 
fed  by  without  Notice  z.  This  is  vouched  by  an  Au- 
thority ftill  extant  amongft  the  Records  in  the  Tower, 
which  is  {tiled,  Ordinatio  faff  a  per  Dominum  Regem  de 
Jlabilitate  Terra  Scotiae  ;  and  begins  thus,  Fait  a  re- 
membrer  que  come  nojire  Seigneur  le  Roy  de  fan  Parlement 
qll  tynt  a  Weftmoftere,  en  ghtarreine  fan  de  fon  Regne 
trentifme  tierz  eujl  fait  a  f avoir,  &c.  a.  The  whole  Act 
contains  the  new  Eftablifhment  of  the  Civil  Govern- 
ment in  Scotland;  but,  all  together,  is  much  too  long  and 
foreign  to  our  Purpofe  ;  what  may  be  thought  proper, 
is,  That  the  King  had  before  enjoined  the  Bifhop  of 
Glajgotv,  the  Earl  of  Carrick,  and  John  de  Moubray  to 
inquire  into  the  prefent  State  of  the  Kingdom  of  Scot- 
land, and  what  Perfons  fliould  come  from  thence  toTe 
reprefent  that  Country  in  Parliament.  Tjie  Commif-  pointed  to  reprel 
fioners  reported  to  the  King,  amongft  other  Matters,  lent  the  Scon  in 
that  they  thought  ten  Perfons  were  Sufficient ;  that  is  fhe  EnS Kfi  Par" 

*  liament, 

to 

z  The  whole  Proceedings  of  this  Parliament  make  60  Pages  in  Rylcy. 
33  Edtu.  I. 

a  Clauf,  3-5  Edw.  I.  m.  13.  dorfo  in  fcedula.  This  ftands  as  the  only 
Aft  in  the  Parliamentary  Records  for  this  King's  Reign  j  but  is  printti 
in  Prynnit  Parliamentary  R(gijicrt  Vol.  HI.  p.  1653. 


j  ,  M  The  Parliamentary  HISTORY 

King£</wWI.to  fay,  two  Biihops,  two  Abbots,  two  Earls,  two  Ba-< 
rons,  and  two  Commoners,  one  for  this  Side  of  the  Sea, 
and  one  for  the  other  b,  to  be  chofen  by  the  whole  Com- 
munity of  Scotland,  on  a  Day  the  King  fhould  pleafe  ta 
appoint.  The  King  agreed  to  this,  and  that,  as  thefe 
ten  were  to  be  elected  by  the  whole  Community,  the 
Community  fhould  bear  their  Expences  ;  and  that  two 
.fit  Men,  for  each  Part  of  the  Kingdom  aforefaid,  fhould 
be  chofen,  and-have  Power  to  raiie  the  Money  to  defray 
this,  by  and  with  the  Advice  and  Confent  of  the  Guar- 
dian of  Scotland  and  the  Chamberlain. 

Thefe  Commifiioners  for  Scotland  were  directed,  by 
the  Act,  to  meet  an  Englijb  Parliament  at  Wejlminjleri 
three  Weeks  after  the  Feaft  of  St.  John  Baptift  next 
coming ;  but  it  was  afterwards  prorogued  two  feverai 
Times  ;  firft,  to  meet  on  the  Feaft  of  the  Aflumption 
of  the  Virgin  [Auguft  15]  ;  and  the  next  Time  to  the 
Octaves  of  the  Nativity  of  the  Blefled  Virgin  [Sept.  17} 
that  Year,  to  fit  to  do  Bufmefs.  The  Scots  Commif- 
lioners came  to  this  Meeting ;  and,  as  it  may  be  fome-1 
what  curious  to  know  the  Names  and  Titles  of  thofe 
that  were  thus  deputed,  we  (hall  give  them  as  follow,' 
viz.  The  Bifhops  of  St.  Andrew's  and  Dunkeld,  the 
Abbots  of  Coupar  and  Meauzes,  the  Earl  of  Buchan, 
MefT.  John  de  Moubray^  Robert  de  Keith,  Adam  de  Gor- 
don, and  'John  de  Inchcmartyn  :  Earl  Patrick  was  elected 
as  the  tenth,  but,  he  not  appearing,  the  King  nominated 
the  Earl  of  Montetb  in  his  Stead.  Thefe  Scots  Com- 
miflioners  were  affigned  by  the  King  to  treat  with  two-, 
and-twenty  Englijk,  chofen  from  the  Clergy,  Lords,  and 
Commons,  about  fettling  the  Civil  Government  of  Scot- 
land on  the  beft  Foundation.  Thefe  CommifTioners, 
together,  nominated  and  appointed  "John  Earl  of  Brit- 
tain  Lord-Lieutenant  and  Guardian  of  the  whole  King- 
dom of  Scotland ;  William  de  Bevercotes,  Chancellor; 
and,y<j/>«  de  Sandale,  Chamberlain.  They  alfo  appointed 
eight  Juftices  in  Eyre,  half  Scots,  half  Englijh,  there  alfo 
named,  who  were  to  prefide  over  four  feveral  Diftricts 
affigned  them  in  that  Kingdom.  Laftly,  they  named 
all  the  Sheriffs  for  each  County,  and  made  many  more 
Rules  and  Ordinances  for  the  better  governing  this  con- 
quered 

b  We  fuppofe  the  Ifles.     The  old  trend  is,  Un  de  cea  la  Men,  tt  ua 
tutre  dc  la,     Ryley,  p.  243. 


of    E  N  G  L  A  N  D.  145 

quered  Country,  which  were  all  confirmed  by  the  King  King  Edwardl^ 
in  this  Parliament.    The  Whole  of  this  Act,  if  properly 
introduced,  would  make  a  confiderable  Anecdote  in  a 
general  Hiftory  of  Britain. 

The  Public  Atts b  have  given  us  a  Copy  of  the  Writs, 
dated  at  Winchejler^  April  5,  1306,  for  fummoning  an- 
other Parliament  to  attend  there  on  the  Morrow  of  the 
Holy  Trinity  [May  30]  that  Year.  The  Archbifhop  of 
Canterbury  was  not  called  to  this  Meeting ;  and  it  ap- 
pears by  the  fame  Authority,  and  by  a  Copy  of  the 
King's  Letter  to  the  Pope,  there  inferted,  dated  at  Wm- 
the/ter,  April  b,  Reg.  34,  that  he  was  then  in  Difgrace  c. 
Several  other  Letters  confirm  it  alfo,  but  it  will  ftill  be 
made  more  evident  by  the  Sequel ;  for  it  is  necefiary 
here,  in  order  to  keep  up  the  Thread  of  our  Hiftory,  to 
relate  fome  Fails  which  happened  at  this  Time ;  and 
though  they  are  not  ftrictly  Parliamentary,  yet  they  bear 
a  ftrong  Reference  to  what  was  done  in  former  Parlia-  L  129  J 
ments. 

King  Edward  had  been  long  uneafy  in  his  Mind,  and 
looked  upon  the  confirming  the  Liberties,  contained  in 
the  two  Great  Charters,  as  a  Diminution  of  the  Royal 
Prerogative,  as  appears  by  a  Complaint  which  he  made 
to  the  Pope  on  that  Occafion.  ClementV.  who  expected 
to  find  his  Account  in  difmtangling  the  King,  made  ufe 
of  the  Plenitude  of  his  Power,  and,  by  a  Bull,  abfolved  J£j£l£! 
him,  in  Form,  from  all  Oaths  and  Excommunications  f°0m  th/Oath 
which  he  lay  under  for  the  Obfervance  of  thefe  Char-  he  had  taken  to 
ters  d.  And  becaufe  the  Prelates  had  obliged  them- 
felves,  by  Act  of  Parliament,  to  publifti  an  Excommu- 
nication  againft  thofe  that  broke  the  Charters,  to  avoid 
the  Tenor  of  this  Cenfure  alfo,  the  fame  Holy  Fa- 
ther, in  another  Bull  fent  to  the  Bifhop  of  Worcejler  % 
projiounces  ail  fuch  Excommunications  void  and  of 
none  Effect.  In  the  former  Bull  the  Pope  declares, 
'  That  in  Cafe  the  King  had  fworn  to  keep  the  Char- 
ters above-mentioned,  yet  fince  he  had  alfo  fworn,  at 
his  Coronation,  to  maintain  the  Rights  of  the  Crown, 
it  was  reafonable  a  Regard  fhould  be  had  to  this  prior 
Engagement,  and  therefore  his  Holinefs  gives  him  a 

VOL.  I.  K  Releafe 

*>  Tom.  II.  p.  986.    c  Rid.  p.  9gg. 
d  Feed.  Ang.  Tom.  II.  p.  970.    Pat,  Lugdani,  4  KaL  Jan. 
:«t.  fui  Pr 


I46  'The  Parliamentary  HISTORY 

King  £W«w<n.  Releafe  from  all  Promifes  prejudicial  to  his  antient  Pre- 
rogative/ 

Tyrrel  takes  Notice,  upon  this  Occafion,  that,  at  the 
fame  Time  the  King  obtained  this  Bull  from  the  Pope 
for  himfelf,  he  complained  to  the  Pontiff  for  granting 
the  like  Abfolution  for  the  Scots,  upon  their  alledging 
that  their  Oath  of  Fealty  had  been  obtained  from  them 
by  Compulfion  ;  and  from  thence  he  draws  this  Re- 
mark, '  That  Princes,  as  well  as  ordinary  Perfons,  are 

*  often  fo  tranfported  by  Self-Love,  that  they  judge  of 

*  their  own  Actions  by  one  Rule,  and  of  thofe  that  are 

*  anywife  fubjecl:  to  them,  or  under  their  Power,  by 

*  another.' 

The  King's  Confcience  being  now  at  Eafe,  he  puts 
in  Execution  a  Project  that  had  long  lain  revolving  in 
his  Mind  :-  This  was  to  make  a  ftrifl  Inquiry  into  the 
Mutiny  and  Behaviour  of  the  Barons  during  his  Abfence 
•f  130  ]  in  Flanders,  as  is  above  related..  He  began  with  the 
Earl  Marfhal;  who,  being  now  in  no  Condition  either  to 
deny' the  Fad}  or  juftify  it,  cafts  himfelf  upon  the  King's 
Mercy,  made  him  Heir  to  all  his  Lands  and  Poffeffions, 
and  even  his  Titles,  and  obtained  a  Pardon  f.  The  reft 
of  the  Confederates  were  alfo  examined,  confefied,  and 
were  deeply  fined .  At  laft  the  King  fends  for  the  Arch- 
bifhop  of  Canterbury,  expoftulates  with  him  as  being  at 
the  Head  of  the  Malecontents,  and  lays  High  Treafon 
to  his  Charge ;  particularly  that,  when  the  King  was 
abfent  on  the  Score  of  the  War  in  France,  the  Arch- 
bifhop  entered  into  a  Confederacy  with  the  EarJs  and 
Barons,  '  To  depofe  his  Majefty,  to  imprifon  him  for 

*  Life,  and  to  fet  up  his  Son  Edward  in  his  Place.' 

The  Prelate  now  loft  all  .his  former  Courage,  and, 
being  feverely  reproached  by  the  King  for  his  Perfidy, 
he  offered  nothing  in  his  Juftification,  but  threw  him- 
felf at  the  King's  Feet,  wept,  and  implored  his  Pardon  s; 
nay,  he  was  fo  far  confounded,  that,  Authors  fay,  he 
offered  the  King  his  Pall,  and  defired  his  Blefling.  The 

King 

f  Pro  obtinenda  Gratia,  conjlituit  Regem  Hteredem  fuum  Univerforum, 
Mat.  Weftminfter,  fub  Anno  1305. 

4  g  Mat.  Weftminfter  5  Walfingbam,  p.  91  ;  Chron.  W,  Thorn,  col.  2003; 

*Tyrrel  fays  that  the  laft-quoted  Author  is  partial  in  his  Account  of  this 
Matter,  becaufe  the  Archbifhop  had  invaded  certain  Rights  and  Privileges 
belonging  to  the  Abbey  of  St.  Auftin  in  Canterbury,  of  which  he  was  a 
Monk.  But  if  Thorn  was  partial,  the  afore-cited  Authors  could  not  be  f» 
•n  the  fame  Occafion,  who  both  agree  in.  near  the  fame  Story, 


cf   ENGLAND. 


King  replied,  That  he  forgot  his  Chara&er,  and  that  it  King  Edward  fy 

was  more  proper  for  himfelf  to  receive  than  to  2;ive  a 

Bleffing.     In  fhort,  the  King  delivered  over  the  Prelate 

to  the  rope's  Mercy  ;  who,  on  a  Hearing  of  the  whole 

Matter  at  Rome,  fufpended  him  ab  Officio  et  Beneficia^ 

under  which  Sufpenfion  he  continued  all  that  Reign. 

We  come  now  to  the  laft  Parliament  called  by  this  Anno  Regni  354 
King,  which  was  to  meet  at  Carlljle  on  the  2ift  of  Ja-        I3°7' 
nuary,  in  the  Year  1307  h  ;  which  was  not  only  the  laft,     At  Car/fa, 
but  the  longeft,  according  to  Prynne,  of  any  he  held  be- 
fore.    We  do  not  find  that  the  Writs  for  fummoning 
the  Commons  to  this  Parliament  are  extant  ;  but  thofe 
de  Expenjis  MiVitum^  at  the  End  of  it,  are  printed  in  the 
4th  Part  of  Prynne's  Regijier,  dated  Carlijle,  March  10, 
by  which  it  appears  they  were  to  be  allowed  babito  Re-    r      •    .  - 
fpeftu  ad  Loci  Diftantlam,  et  ad  Moramfuam  diutinam, 
viz.  a  ditlis  Off  avis  ufque  ad  J)ominicam  in  Ramis  Pal- 
marum,  rationabiles  Expenfas  fuas  in  veniendo  ad  nosf 
ibidem  morandot  ut  preediflum  £/?,  et  exinde  ad  propria 
redeundo. 

The  firft  Bufmefs  of  this'Aflembly  was  to'confider  of 
Means  to  fecure  the  Poffeflio'n  of  Scotland.,  by  uniting  C  I3I  J 
that  Kingdom  to  England,  as  appears  in  the  Body  of  the 
Writs  'to  the  Lords,  dated  at  Lanercojl,  November^ 
preceding.  Edward  was  refolved  to  fpare  nothing  to 
keep  the  Scots  in  Awe,  and  even  to  ufe  the  moft  rigorous 
Methods  ;  but  the  Face  of  Affairs  was  to  be  much  al- 
tered in  that  Kingdom  before  any  fixed  Refolution  could 
be  taken  about  it. 

At  this  Meeting  great  Complaints  were  made  by  the  Complaints  of 
Barons  againft  one  William  Tejia,  an  Italian  Prieft,  fent  ''  Op* 

by  the  Pope,  for  feveral  Oppreffions  and  Extortions  of 
Money,  from  the  Churches  and  Monafteri'es  of  this 
Kingdom,  not  heretofore  ufed.  It  was  therefore  prohi- 
bited the  faid  Prieft,  by  the  Confent  of  the  Earls  and 
Barons  ',  to  do  any  Thing  of  the  like  Nature  for  the 
future  i  and  Meflengers  were  ordered  to  be  fent  to  the 
K  2  Pope 

h  In  Of?al>;s  S.  Hilarii.     The  Writ  for  fummoning  Thomas  Earl  of  Lan- 
tafier,  with  the  reft  of  the  Lords,  is  in  Rjmtr's  Feed,  Tom.  II.  p. 
See  Dugdales  Summons,  p.  50,  52. 
i  De  rfj/fifu  Coipitum  et  Baronum*    Mat,  Weftminfter* 


Parliamentary  HISTORY 

to  prevent  fuch  Proceedings  from  that  See  k.  In 
the  fame  Parliament  fome  Statutes  were  enacted,  touch- 
ing thofe  Religious  Societies  that  had  their  principal 
Monafteries  beyond  Seas '. 

At  this  very  Time  it  was  that  the  Bifhop  of  Litch- 
field,  High-Treafurer,  put  the  King  in  Mind  what  a 
pernicious  Favourite  the  Prince  his  Son  had  got  of 
Pierce  Gave/Ion,  a  debauched  young  Man  ;  and  of  the 
•*£  bad  Confequences  that  might  enfue  from  that  Familia- 

rity.    Edward  refolved  to  apply  a  Remedy,  and  there- 
fore, by  the  Advice  of  the  Parliament,  Gavefon  was  ba- 
nifhed  the  Realm,  as  a  Corrupter  of  the  young  Prince. 
Moreover,  the  King  caufed  his  Son  to  fwear  never  to 
Pime  Gave/Ion  recall  him,  and  Gave/ion  to  fwear  alfo  never  more  to 
banifhed.  return  to  England.     Upon  that  Condition  he  allowed 

him  a  Pension  of  100  Marks,  to  be  paid  out  of  the 
r  ,2-  n     Duchy  of  Guienne  m.    This  Favourite  was  the  Occafion 
of  much  Difturbance  in  the  fucceeding  Reign. 

There  came  alfo  to  the  faid  Meeting  a  Roman  Car- 
dinal, one  Peter  of  Spain,  fent  as  an  Ambaflador  by  the 
Pope  into  England,  in  order  to  conclude  a  Marriage  be- 
twixt the  King's  eldeft  Son,  Edward,  Prince  of  Wales^ 
and  Isabella,  Daughter  of  the  King  of  France,  which, 
for  the  Sake  of  Peace  between  the  two  Crowns,  had  be- 
fore been  projected  by  Boniface  the  laft  Pope  n.  The 
King,  on  his  Part,  faid  he  was  ready  to  ftand  to  the 
Agreement,  if  the  French  King  would  fulfill  all  the  Ar- 
ticles 

k  The  Articles,  feven  in  Number,  drawn  up  againft  the  Court  of  Rome 

at  this  Time,  arc  in  Rytys  Placita  Parliamentaria,  f.  380  j  and  in  Col- 

•iier's  EcdefiafticalHiJiory,  Vol.  I.  p.  500.     The  fame  Authorities  alfo  give 

.     j1r/'!  us  a  Remonftrance  againft  the  Oppreffions  of  the  faid  Court,  which  was 

ad  Inft.  580;  and  in.Ry/«y's  Placita  Parliament  aria,  p.  312. 

">  The  Sentence,  in  old  French,  is  in  Rymer's  F&Jera,  Tom.  II.  p.  1043. 

»  Quidam  Cardinalh  Sabinenfis  Petrus  Hifpanus.  Mat.  Wejlminjler, 
It  feems  that  the  Bufinefs  of  this  Cardinal  was  not  fo  much  to  conclude 
this  Marriage,  as  to  enrich  himfelf  by  the  Plunder  of  the  Churches,  (£c. 
For  the  old  Monk,  of  Wejlminjler  tells  us  that  this  Cardinal,  at  his  Return 
from  Carlijle  to  London,  produced  a  Bull,  by  which  he  was  empowered  to 
plunder,  depilare  Ecclejias  Anglicanas,  exacting  from  all  Cathedral,  Con- 
ventual, Regular  or  Irregular,  Churches  and  Priories,  Twelve  Marks  Ster- 
ling ;  and  from  every  Re£lory  Eight-Pence  from  each  Mark.  'Till  at  laft 
the  King  and  Council  thought  fit  to  ordain,  that  the  faid  Cardinal  fliould 
have  no  more  than  what  was  allowed  to  Cardinal  Ottoboni,  which  was  juil 
t£e  Half  of  what  the  other  demanded. 


^ENGLAND.  149 

tides  on  his  Side.  A  fmall  Caftle  in  Guienne^  which  the  Kin8  Edwardl* 

King  of  France  had  not  yet  delivered  up,  obftructed  the 

Marriage  for  this  Time;  and,  though  it  foon  after  took 

Place,  yet  Edward  never  lived  to  fee  it,  dying  this  Year 

of  a  Dyfentery,  at  Burgh  upon  Sands-,  in  Cumberland^  The  King's 

and  left  his  eldeft  Son,  Edward^  Heir  to  his  Kingdoms,  Death. 

with  all  his  Glories  and  all  his  Conquefts  °. 

It  is  out  of  the  Courfe  of  thefe  Parliamentary  Pro- 
ceedings to  attempt  the  Characters  of  any  of  our  Kings, 
much  lefs  of  this  great  and  warlike  King  now  before  us. 
His  Battles,  Sieges,  and  Conquefts  we  leave  to  our  more 
general  Hiftorians  to  relate;  and  his  political  Capacity, 
in  regard  to  his  own  Subjects,  may  be  beft  gathered  from 
his  Conduct  and  Dealings  with  his  Parliaments  through- 
out the  whole  Courfe  of  his  Reign.  It  has  been  faid 
that  this  King  gave  the  laft  Sanction  to  the  two  Great 
Charters,  whereby  they  were  eftabliflied  for  ever :  But 
we  fear  that,  if  he  had  lived  to  return  from  this  laft 
Scots  Expedition,  he  would  have  availed  himfelf  of  the 
Pope's  Bull  of  Abfolution,  and  at  once  have  thrown  off 
the  Shackles  he  thought  his  Subjects  had  impofed  upon 
him.  That  painful  and  voluminous  Writer  and  Col- 
lector of  Englifn  Records  and  Hiftory,  Mr.  Prynne,  has 
left  behind  him  his  Sentiments  on  this  Matter,  in  which 
he  has  difplayed  his  true  Proteftant  Zeal  againft  Popes 
and  their  Bulls  to  fome  Purpofe.  We  fhall  give  it  in 
his  own  Words,  without  any  other  Comment  or  Ani- 
madverfionP. 

'  The  King  having  now  cruflied  the  Earls  and  Barons 

who  had  formerly  oppofed  and  confpired  againft  him, 

with  this  Archbifhop,  the  Captain,  chief  Author,  and 

K  3  Encou- 

o  This  Year  alfo,  according  to  the  Archbifliop  of  Co/bet's  Englijh  Hifto- 
rica I  Library,  died  our  Contemporary  Hiftorian,  Matthew  of  Wejimlnjtert 
filled,  for  his  admirable  Collections,  florilegutt 

There  are  feveral  Statutes  made  at  different  Times,  but  whether  in  Coun- 
cils or  Parliaments  we  know  not :  They  are  extant  in  the  Statutes  at  largt, 
but  are  not  taken  Notice  of  by  our  Hiftorians,  vix. 
Stat.  de  Prote&ionibus,  at  Wefimin-      The  Statute  de  Feoffatis,  May  27, 

jler,  AW.   18,     31  Edward  I.          34  Ed-ward  I.  An.  1306. 

An.  1304,  Articles  of  Inquifition  on  the  Sta* 

A  Definition  of  Confpirators.  tute  at  Wmcbefttr  fife. 

Statute  of  Champerty,  Sep.  18, 1305.      A  Statute  of  amortiftng  Lands, 
An  Ordinance  for  Jnquefts.  A  Statute  of  Liberties,  vjft, 

An  Ordinance  for  meafuiing  of  Land.      Ordinati'j  Forefttf,  cW. 

f  Prynnis  Partiamtntjry  Recordi,  Vol,  III.  p.  1097,  8. 


i  5  o  TZtf  Parliamentary  HISTORY 

of  their  Con fpi racy,  g)uia  hujus  IntefiintS 
Seditionis  caufa,  Jur  amentum  Regni  fui  Proceribus  de  ob~ 
fervandis  eorum  Privilegiis  et  Immunttatibus  a  fe  preftitum 
ejfe  fenferat  ejus  Religione  ampUus  non  teneri,  fed  Papa  it 
Authoritate  folvi  voluit :  Qbtinuitque  Rex  a  Domino  Papa 
Abfolutionem  a  Juramento  quod  invitus  pr&jliterat  fuper 
cbfervantia  Libertatum  alias  a  Comitibus  et  Baronibus 
exattarum ;  ufus  Confuetudine  et  Cauteld  Paternd  (fcilicet 
Avi  et  Patris  fu'i  Regis  Joannis  et  Henrici  III.)  qui  quo- 
ties  Injlabat  Necefjitas  de  facili  jurare  voluit  fe  fatisfaftu- 
rum  Fotis  eorum  >  et  eddem  facilitate  voluit  re  filer  e  quoties 
fibi  Tempus  commodius  acciderit,  pretendens  femper  Pa- 
palem  Abjolutionem  a  preeftito  Juramento :  Qua  Regum 
tarn  fupina  Cescitate^  papalis  Juris  diftio  ad  earn  Magni- 
tudinem  crevit^  ut  Reges  plus  quam  ^Egyptiaca  Obfcuri- 
tate  involuti,  Papce  tantum  Authoritatis  deferentes,  quee- 
cunque  vel  firmijjima  ac  fanttiflima  Jura  atque  Feeder  a  ea 
dijfolvi  pojfe  fape  ad  fuam  et  Regnorum  Perniciem  cre- 
debant.  In  Hebdomada  Pafchee,  fecit  Rex  public ari  Bui- 
lam  Apoftolicam  fuper  Abfolutione  Juramenti  pr&Jliti  fu- 
-per  de  afforeftatione  jampridem  faftd  et  fervandd,  ex- 
communicando  Jus  Jurandum  illud  fervare  volentes^  dam- 
tiantes  vero  illud  approbat  et  abfolvit. 

'  What  could  be  more  atheiftical,  anti-chriftian,  dia- 
bolical, fcandalous,  deftruflive  to  Chriftian  Religion, 
Public  Faith,  Honefty,  Juftice,  and  human  Society,  than 
for  this  and  other  Popes,  by  their  impious  Bulls,  to  cano- 
nize profefled  Perjury  and  Breach  of  folemn  Oaths  for  a 
Chriftian  Virtue,  and  damn  the  Obfervation  of  them  for 
a  moft  deteftable  Crime  ?  Yea,  to  excommunicate  all 
thofe  as  unworthy  the  Privilege,  Name,  or  Society  of 
Chriftians.  who  made  a  Confcience  to  obferve  their  fo- 
lemn, facred  Oaths ;  and  yet  to  approve,  abfolve  all 
thofe  as  moft  innocent,  meritorious  Chriftians,  who 
perfidioufly  and  wilfully  violated  them  ?  This  letting 
loofe  the  Lion,  and  untying  the  King  from  the  Cove- 
nant made  with  his  Subjects  concerning  their  Charters 
confirmed  to  them  by  his  three  laft  A6ls  of  Parliament, 
"by  abfolving  him  from  his  Oath,  was  an  Ac!:  of  little 
Piety  in  the  Pope,  and  of  as  little  Confcience  in  the 
Kiiig ;  who  (as  if  he  now  fhould  have  no  more  Need  of 
his  Subjects)  difcovered  with  what  Sincerity  he  did  it, 
is  Samuel  Daniel's  juft  Cenfure  of,  and  Obfervations 

thereon  5 


of    ENGLAND.  151 

thereon  ;  which  unworthy  A  61  God  himfelf  exemplarilyKing  £<fawr</  1» 

retaliated,  by  the  Scots  Violation  of  their  Oaths,  Cove- 

nants, and  new  Ordinance,  moft  folemnly  made  and 

fworn  by  them  to  King  Edward  in  Parliament,  without 

any  papal  Abfolution,  and  railing  new  Rebellions  againft 

him,  when  he  was  moft  fecure,  to  his  unparallel'4  Vexa- 

tion/ 

To  conclude  our  Hiftorical  Account  of  Parliaments  [  *33  3 
in  this  King's  Reign,  it  cannot  be  amifs  to  infert  the 
Names  of  the  Bifhops,  Abbots,  Priors,  and  Barons  that 
were  called  and  appeared  at  this  laft  Parliament  held  at 
Carlijle.  "John  Stowe  c,  who  has  preferved  this  Lift  in 
Part,  writes,  That  he  had  feen  an  old  Regifter,  of  good 
Authority,  containing  the  Names  of  87  Earls  and^Ba- 
rons,  20  Bifhops,  61  Abbots,  and  8  Priors;  befides 
many  Deans,  Archdeacons,  and  other  inferior  Clerks  of 
the  Convocation  ;  the  Mafter  of  the  Knights  Templars  ; 
and  of  every  County  two  Knights,  of  every  City  two 
Citizens,  and  of  every  Borough  two  BurgefTes,  &c. 
But  the  following  is  a  complete  Lift  of  the  Prelates, 
Abbots,  and  Barons,  in  this  Parliament,  taken  from  the 
Record  itfelf. 

The  NAMES  of  thofe  who  were  fummoned  to  Parliament 
in  the  35^  Tear  of  King  EDWARD  I.  at  Carlifle,  in 
the  Oftaves  of  St.  Hilary,  [Jan.  21]  in  order  to  treat 
upon  the  Affairs  of  Scotland,  and  other  Matters  fpe- 
cially  relating  to  this  Kingdom. 

D  IV  A  R  D  Prince  of  Edmund  Earl  of  Arundale*  Lift  of  the  Par- 

Wales*  John  de  Britain,    Earl  of  "»*!?«  hejd  at 

BARONS.  Richmond,                        w? 

Henry  Lacy*  Earl  of  Lin-  Guy  Beauchamp*    Earl  of 

coin*  Warwick* 

Ralph  Mounthermer*  Earl  Robert  Vere*  Earl  of  Ox- 

of-GlouceJler  and  Hert-  ford* 

ford,  Gilbert  Umfreville*  Earl  of 

Thomas  Earl  of  Lancajier*  Angus, 

Humphrey  Bohun,  Earl  of  Henry  -of  Lancajier* 

Hereford  and  EJ/ex*  Aymer  of  Valence* 

John  Warren,  Earl  of  Sur-  John  Ferrers* 

rey9  Henry  Piercy* 

Hugh 

c  Sec  Stowc's  Cbrcn.  p.  2ii(    tyley,  p.  318. 


77 

** 


i  £2                     foe  parliament 

tary  ±11  STORY 

JKing  Edward  1.              BARONS. 

William  Martin, 

Hugh  Spencer  , 

Thomas  de  Multon, 

Robert  Phi-Walter, 

John  ap  Adam, 

William  Latimer, 

Philip  de  Kyme, 

Robert  Clifford, 

John  de  Segrave, 

Robert  Montalte, 

Robert  Fitz-  Roger, 

Hugh  de  Veer, 

John  L'Eftrange, 

Walter  Faulconberge, 

'John  Uljle, 

Ralph  Soffit^  of  Draiton, 

John  de  Sudley, 

Roger  la  Warr, 

Simsn  Mountacute, 

John  Paynell, 

Walter  deTey, 

Alexander  Baliol, 

Edmund  de  Hajlingst 

Hugh  Point  z, 

John  de  Lancajler, 

Roger  Mortimer, 

John  de  St.  John, 

£  134  ]     William  Rither, 

Henry  Tregoxe, 

Reginald  de  Grey, 

John  Lovel  de  Tichmercht 

Walter  de  Muncy, 

Alan  la  Zouch, 

Robert  de  Scales, 

Henry  Teyes, 

Mam  de  Well, 

Nicholas  Segrave, 

Almaric  de  St.  Amand^ 

Fulke  Fitz-Waren, 

William  Cantalupe% 
John  Engaigne, 

John  Fitz-Reignald9 
Geoffrey  Camvile, 

Gilbert  Peche, 

William  le  p^avafour. 

John  de  Clavering, 

William  de  Ferrers, 

William  de  Leyburn, 

Robert  Grendon, 

John  de  Beauchamp,  of  So~ 
merfet, 

Edmund  Stafford, 
Ralph  Fitz-William. 

William  Grandlfon^ 

Thomas  de  la  Roche, 

John  Hajlings, 

Theobald  de  Verdon,  jun. 

John  le  Mare, 

William  Tucket, 

John  de  Rivers, 

Henry  Hujfey.     Total  86, 

John  de  Mohun, 

Peter  de  Mawley* 

BISHOPS. 

Robert  Fitz-Pain> 

Archbifliop  of  Tork, 

Hugh  de  Courtney, 

Eiihops  of  Lincoln, 

Edmond  Deyncourt, 

London, 

John  St.  Jokn,  of  Lageham9 
Geoffrey  de  Geynual, 

ChicheJJer, 
Exeter, 

Thomas  de  Furnival9 

Hereford, 

Robert  de  Tony, 

Salijbury, 

Thomas  de  Berkeley^ 

Llandaff, 

William  de  Brtwfe^ 

St.  dfaph, 

Peter  Corbet, 

Bangor, 

^Bifhops 

ENGLAND. 


'53 


BISHOPS. 

JSUhops  of  St.  David's, 
Coventry  and 
Litckfield, 
Bath  and  Wells. 
Norwich, 
Rochefter9 
Durham, 
Carlijlty 

Ely, 

WorceJIer, 
Wincbejier.  20. 

ABBOTS. 

Of  St.  Augujlin,  in  Canter- 
bury, 

St.  Edmundjburyt 

St.  Alban's, 

WeflminJIer, 

Waltbam, 

Evejham, 

St.  Mary,  at  Ybrlt 

Peterborough^ 

Ramfey, 

lVincbecomb% 

Gloucejlery 

Brijlol, 


Of  Furneys, 
Sawley, 
Alnivick9 
St.  Ofttb, 


Glajtenbury, 
Selby, 

Cirencejler, 
Reading, 


Dale, 

Newbus, 

Croxton, 

Cockerfand, 

St.  Radegound, 

Ticbfield, 

Torre, 

Holmecoltbram9 

Welbeck, 

Hales, 

New  Minfter9 

yoreval, 

Fountaynes% 

Byland, 

jMaux, 

Kyrkejlall, 

Roche, 

Rufford* 

Valdieu, 

Grendon, 

Stanley  in  Arden% 

Pipewell, 

Combe, 

Bajingwerke, 


48. 


Stowe  adds  the  Names  of  fome  other  Abbots,  of 
which  the  Record  takes  no  Notice :  Thofe  are  there- 
fore omitted. 

The  King  commanded  the  Bifliops  to  give  Orders  to 
their  Deans  and  Chapters,  and  to  the  Clergy  of  their 
refpective  Diocefes,  to  fend  Proclors  for  the  fame  Pur- 
pofe ;  all  whofe  Names  are  inferted  in  the  fame  Record, 
but  too  numerous  to  be  recited. 

Writs  alfo  were  iflued  to  the  Sheriffs  of  every  County, 
to  fend  for  each  Shire  two  Knights,  for  every  City  two 

Citizens, 


The  Parliamentary  HISTORY 

.King  Ed-ward  I,  Citizens,  and  for  every  Borough  two  Burgefles,  Ad  dic- 
tum Parliamentum  venire,  ad  Traftandum,  &c,  but  theit 
Names  are  wholly  omitted  in  the  Record. 


f  1  16  1         ^e  flowing  Account  of  the  Price  of  Provifions  in 

this  Reign,  will  help  to  afcertain  the  Amount  of  the 

Price  of  Provi-  Taxes  in  modern  Money.     In  the  Year  1288  Wheat 

lions  in  this     was  fold  at  London  for  3^.  \d.  a  Quarter,  when  it  was 

ReiSn>  deareft;  and  in  other  Parts  abroad  for  20  d.   16  d.  and 

for  12  d.  the  Quarter,  and  in  the  Weft  and  North  Parts 

for  Sd.  Barley  for  6d.  and  Oats  for  ^d.  the  Quarter. 

And  in  the  Year  1299  a  ^at  ^°c^  was  fold  for  I  ^  d.  two 

Pullets  for  i  \_d.  a  fat  Capon  2  ^d.  a  Goofe  4^.  a  Mal- 

lard i  ^d.  a  Partridge  i  td.  a  Pheazant  4^.  a  Heron  6d. 

a  Plover  I  d.   a  Swan  3*.   a  Crane  12  d.  two  Wood- 

cocks i  \d.  a  fat  Lamb  from  Chriftmas  to  Shrovetide  ibd. 

and  all  the  whole  Year  after  for  4^.  *. 

TAXES   in  this  King's  Reign. 

Taxes  granted  to  TN  his  4th  Year,  A.  D.  1276,  he  had  a  Fifteenth 
JKjng&/w«/-<n.  JL  granted  him  by  the  "Earls,  Barons,  Great  Men,  and 
Community  of  the  Kingdom  ;  and  by  the  Archbifhop 
of  Canterbury  and  his  Suffragans,  a  Subfidy  of  their 
Goods  (not  faid  how  much)  as  a  free  Gift  only,  not  to 
be  drawn  into  Example  a. 

In  the  5th  Year  the  Laity  gave  him  the  twelfth  Part 
of  their  Goods  towards  carrying  on  the  War  in  Wales  b. 

In  the  I  ith  Year,  towards  the  War  againft  the  Weljb^ 
the  Laity  gave  him  a  thirtieth,  and  the  Clergy  a  twen- 
tieth Part  of  their  Goods.  Pope  Nicholas  IV.  granted 
him  a  Tenth  of  all  Ecclefiaftical  Benefices,  according  to 
their  true  Value,  upon  Oath,  throughout  all  England; 
to  be  received  for  the  Space  of  fix  Years  next  enfuing, 
for  the  Relief  of  the  Holy  Land  againft  the  Turk  s  c. 

In  the  igth  Year  the  Archbifhops,  Bifhops,  Abbots, 

[  137  ]     Priors,  Earls,  Barons,  and  all  others  of  the  Kingdom 

or  Government,  granted  a  Fifteenth  of  all  their  move- 

able  Goods  d.     This  Tax  was  to  recompenfe  the  King 

for 

z  SVoWs  Cbron, 
a  Rot.  Pat.  4  Edio.  I. 
b  Tbo.  Wykti  Hifi.  Ang.  fab  4n.  1277. 

c  Ibid.  An,  1283  ;  and  the  Chronicle  of  Lancrcojl,  quoted  by  Tyrrel. 
d  This  appears  by  the  Cheques-  Roll  in  the   jgth  of  Edward],  with 
the  King's  Remembrancer,    Inter  Communia  de  Term,  Mich,  Rot,  N°.  5. 


of  E  N  G  L  A  N  D.  155 

for  the  Lofs  he  had  fuftained  by  the  Banifhment  of  the  King  Edward  I* 
"Jews. 

In  the  22d  Year  the  Prelates  and  Clergy  granted  the 
Moiety,  or  Half,  of  their  Benefices  and  Goods ;  to  be 
taken,  one  third  Part  at  the  Feaft  of  d II -Saints  next  co- 
ming ;  the  other  third  Part,  fifteen  Days  after  Eq/ier ;  and 
the  laft  third  Part,  fifteen  Days  after  St.  John  Baptift 
then  next  corning.  And  in  the  fame  Year,  at  a  Parlia- 
ment holden  on  the  I2th  of  November  at  Weftminflert 
when  four  Knights  were  fummoned  from  every  County, 
to  confult  and  confent  to  fuch  Things  as  the  Earls,  Ba- 
rons, and  Great  Men  fhould  ordain,  for  themfelves  and 
the  Communities  of  the  Counties  %  they  gave  the  King 
a  tenth  Part  of  their  moveable  Goods f.  In  the  fame 
Month  the  City  of  London  granted  a  fixth  Part  of  their 
moveable  Goods,  as  a  Subfidy  toward  the  War.  About 
the  fame  Time  there  were  Commiffioners  appointed  to 
require,  in  Perfon,  the  Men  of  all  his  Demefne  Cities 
and  Towns  in  all  the  Counties  of  England,  by  all  Ways 
they  mould  fee  expedient,  to  grant  a  fixth  Part,  as  Lon- 
don had  done,  that  it  might  mew  Example  to  others  of 
his  Demefne  Towns  z. 

In  his  23d  Year  the  Clergy  gave  the  King  a  Tenth; 
the  Earls,  Barons,  Knights,  and  others  h  of  the  King- 
dom, gave  an  Eleventh  ;  and  the  Citizens  and  Burgefles, 
and  other  good  Men  of  his  Demefnes,  gave  him  a  Se- 
venth of  their  moveable  Goods  l. 

In  the  24th  Year,  the  Earls,  Barons,  Knights,  and 
others  of  the  Kingdom,  gave  a  twelfth  Part;  the  Citi- 
zens, Burgefles,  and  Tenants  of  his  Demefnes,  gave  [  138  J 
an  eighth  Part  k.  The  Clergy  gave  nothing,  by  reafon 
of  an  Inhibition  the  Arcbifjhop  had  obtained  from  Pope 
Boniface;  which  he  caufed  to  be  published  at  this  Time 
in  all  the  Cathedrals  l. 

In 

e  Rot.  clauf.  22  Edw.  I.  m.  6.  dorf.  de  Militibui  eligend.  &  mittendit 
ad  Concilium. 

f  This  appears  by  the  Writ  for  appointing  AfTefiors,  Taxors,  and  Col- 
leftors  for  the  fame  Tenth.  22  Ed-w.  I.  m.  6.  dorf.  in  fcedula. 

g  Inter  Record,  dc  An.  22  Edw.  1.  Rot.  73  <&  fexta  Parte  Regi  conceffk 
in  London. 

h  Alii  de  Regno. 

i  Rot.  clauf.  23  Edw.  I.  m.  4.  dorf.  ib.  m.  2. 

k  Inter  Commuma  de  Term.  S.  Michael.  25  Edw.  I.  Ret.  N°.  5.  Penes 
Jlemem.  Reg. 

i  Matt,  Ife/lmin/Ier. 


Parliamentary  HISTORY 

.  In  his  25th  Year  he  had  a  Ninth  of  all  the  Laity,  and 
a  Tenth  of  the  Clergy,  for  the  Confirmation  of  the  Great 
Charter,  and  the  Charter  of  the  Forefts.  The  Clergy 
of  the  Province  of  Canterbury  gave  a  Tenth  ;  and  the 
Province  of  York  a  Fifth  m. 

In  his  29th  Year,  upon  his  Confirmation  of  the  Per- 
ambulations of  the  Forefts,  the  Laity  gave  him  a  Fif- 
teenth of  their  Moveables  n.  Robert  de  Wincbelfea^ 
Archbifhop  of  Canterbury ,  would  grant  nothing  for  the 
Clergy  without  the  fpecial  Licence  of  the  Pope. 

In  his  32d  Year,  the  King  being  in  Scotland,  Com- 
miffioners  were  appointed  to  tax  Cities,  Boroughs,  and 
his  Demefnes  in  Cities  and  Boroughs,  either  Capitation 
by  Poll,  or  in  common,  as  it  might  turn  moft  to  his 
Advantage  °. 

In  the  33d  Year,  the  King  having  fummoned  a  Par- 
liament at  Weflminfter^  to  raife  Money  for  the  War 
againft  the  Scots,  there  was  given  him  by  the  Clergy, 
Nobility,  and  Knights  of  the  Shires,  the  thirtieth  Pen- 
ny of  ail  their  moveable  Goods  ;  and  at  the  fame  Time 
the  Citizens  and  Burgefles  gave  a  twentieth  Part  of  the 
fame  Eftates.  In  this  Parliament,  alfo,  the  Archbifhops, 
Bifhops,  Prelates,  Earls,  Barons,  and  other  Tenants 
of  his  Demefnes,  petitioned,  That  they  might  have 
Leave  to  taliate  their  Tenants  of  the  fame  Demefnes, 
as  he  had  taliated  them  ;  and  it  was  granted  P.  And 
about  this  Time  he  had  a  Fifteenth  granted  to  him  in 
Parliament^. 

In  his  34th  Year,  the  King  intending  to  knight  his 

-  eldeft  Son,  fummoned  the  Archbifhops,  Bifhops,  Ab- 

l  '39  J     bots,  Priors,  Earls,  Barons,  and  other  Great  Men,  to 

grant  an  Aid  upon  that  Occafion.     He  alfo  fent  to  all 

the  Sheriffs  of  England^  to  caufe  to  come  two  Knights 

of  every  County,  and  of  every  City  two  Citizens,  and 

of  each  Borough  one  or  two  Burgefles,  as  the  Borough 

was  greater  or  lefs.  Thefe  Prelates,  Earls,  Barons,  and 

other  Great  Men,  and  alfo  the  Knights  of  Shires,  una- 

nimoufly  granted  to  the  King,  for  themfelves  and  the 

whole 

m  45  Edia.  I.  m.  6.  dorfo. 

»  Rot.  Peramb.  Foreft,  29  Ediu.  I.  in  Turre. 

0  Rot.  Pat.  3z  Edta.  1.  in  fcedula. 

P  Rot.  clauf.  33  Ediv.  I.  m.  9.  dorfo.  Pj/efs  Placit.  Par!,  f,  246  t» 
265. 

1  lbidtmt  f.  60, 


^/ENGLAND.  157 

whole  Community  of  the  Kingdom,  a  thirtieth  Part  of  K«  Edward  \l< 
all  their  temporal  moveable  Goods,  &c.  for  a  compe- 
tent Aid  toward  the  Knighthood  of  his  Son,  and  alfo  for 
an  Aid  toward  his  Expences,  which  he  was  to  be  at  in 
the  War  with  Scotland.  The  Citizens  and  Burgefles 
alfo  unanimoufly  granted  a  Twentieth r. 

A  late  Hiftorian  remarks,  That,  by  the  fummoningof 
Knights,  Citizens,  and  Burgefles  to  Parliament,  in  this 
King's  Reign,  the  Government  became  a  Compound  of 
three  principal  Kinds  :  The  King,  as  Sovereign,  repre- 
fented  Monarchy ;  the  Lords,  Ariftocracy ;  and  the 
Commons,  Democracy :  The  Executive  Power  was 
iblely  in  the  King  by  his  fworn  Officers,  from  whence 
came  this  Grand  Maxim  of  the  Law  of  England,  That 
the  King  can  do  no  Wrong.  The  Balance  and  Meafure 
of  Power  in  the  Government  was  in  the  King,  Church, 
and  Nobility,  to  the  Proportion  of  above  two  Thirds  of 
the  Landed  Intereft  j  but  not  one  Third  in  the  Com- 
mons5. 

TfDJPARD  the  Second,  furnamed  of  Caernarvon, 
•*-*   began  his  Reign  in  the  Year  1307,  at  the  Age  ofK«  Edwardll; 
Twenty-three  Years.     Never  did  Prince  come  to  the  [j£f  ^dh£.]jjj 
Crown  under  more  favourable  Circumftances,  or  was  Gavejlon, 
received  with  more  general  Joy  and  Applaufe  by  his 
People :  Yet  this  King's  firft  Step  in  the  Government 
blafted  all  their  Hopes  j  for  he  had  fcarce.done  the  laft 
Offices  to  that  great  Piince  to  whom  he  owed  his  Birth, 
when,  forgetting  his  Oath  concerning  Gave/Ion,  he  re- 
called that  Favourite  j  and,  in  an  Inftant,  as  it  were, 
made  him  one  of  the  richeft  and  greateft  Men  in  the 
Kingdom  l.  Anno  Rcgni  ti 

Jn  the  very  firft  Year  of  his  Reign  he  called  a  Parlia-       n&* 
ment  to  meet  at  Northampton,  which  was  to  confider 
about  the  late  King's  Funeral,  his  own  Marriage  with 
the  Princefs  Isabella  of  France^  his  Coronation,  and  the 

prefent 

f  Inter  Ccmmunia  Term.  S.  Trin.  34  Edw.  I.  N°.  40.  Penes  Remem. 
printed  in  Mr.  Pttyt's  Appendix  to  bit  Rights  of  the  Commons  of  England 
afferted.  See  alfo  Jus  Parliamentarism,  by  the  fame  Author,  foL  An,  1736. 

s  Curdon'*  Hiftory  of  Parliaments,  Vol.   II. 

t  He  made  him  Earl  of  Cornwall,  and  gave  him  all  the  Lands  devolved 
to  the  Crown  by  the  Death  of  the  late  Earl,  Son  to  Richard  King  of  the 
Romans ;  with  many  other  Lordfhips  and  Pofleffions,  all  mentioned  in  a 
Charter  for  that  Purpofe,  and  which  ftands  as  the  firft  public  Aft  of  his 
ftel,  dig,  Tom,  HI.  p.  i. 


Parliamentary  HISTORY 

Lji.  Edward  II.  prefent  State  of  Britain.  On  thefe  Occafions  the  Cler*- 
gy,  as  well  as  the  Citizens  and  Burgefles,  gave  a  Fif- 
teenth; and  the  Barons,  with  the  Knights  of  Shires,  a 
Twentieth.  But,  in  Compliment  to  their  new  King, 
they  ftretched  a  Point  too  hard  upon  his  Subjects  ;  for 
they  ordered,  That  the  bafe  Coin,  which  would  not 
pafs  in  his  Father's  Time,  fliould  not  now  be  refufed  on 
Pain  of  Life  or  Limb  w.  This  Parliament  is  not  entered 
on  the  Rolls,  nor  are  there  any  Writs  or  Returns  now 
extant  concerning  it. 

An  Order  was  made  at  this  Time  for  the  Burial  of 
the  late  King,  who  was  folemnly  brought  from  Waltbam^ 
and  interred  at  IVeftminfter  with 'much  Funeral  Pomp 
and  Ceremony.  But  to  allay  the  young  King's  Grief 
for  the  Lofs  of  his  Father,  a  Marriage  was  alfo  con- 
cluded in  this  Parliament  between  his  Favourite  Pierce 
Gave/Ion,  the  new  Earl  of  Cornwall,  and  the  Daughter 
and  Heir  of  Gilbert  de  Clare,-lL?ii\  of  Gloucejier^  which 
he  had  by  'Joan  de  Acres,  the  King's  Sifter  x. 

Our  modern  Hiftorians  are  full  of  Invectives  againft 
this  Gave/ion;  and  fay  that  every  frefh  Favour  granted 
to  this  Foreigner,  by  the  King,  increas'd  the  Hatred  of 
the  Lords  againft  him.  One  of  them  obferves  y,  *  That 

*  hardly  would  an  Englijhman  raifed  to  fo  high  a  Station 

*  have  been  endured  ;  much  lefs  a  private  Gafcoin  Gen- 

*  tleman,  in  whom  they  difcovered  no  other  Merit  than 
••          -»     *  a  handfome  Face,  an  eafy  Shape,  and  a  quick  Wit; 

""    J     '  very  agreeable  in  Converfation,  but  little  proper  to 

*  govern  a  State.'  On  the  other  Hand,  Dr.  Brady ,  from 
Sir  Thomas  de  la  More,  who  was  Servant  to-Edward  II. 
and  wrote  his  Life,  adds  to  the  Character  of  his  Perfon 
and  Senfe,  which  the  other  gives  him,  '  That  he  was 

a  great  General,  and  fufficiently  fkilful  in  Military  Af- 
fairs ;  which  appeared  by  his  Management  of,  and 
keeping  in  due  Subjection,  the  Scots,  when  he  com- 

*  manded  the  Englijh  Forces  in  that  Kingdom ;  and  for 
which,  add  our  Authorities,  he  was  much  envied  by 
thofe  who  faw  his  happy  Succefs  z. 

However,  fmce  the  Lords  plainly  faw  that  it  was  in 
vain  to  prefs  the  King  to  part  with  his  Favourite,  and 

that 

w  Rot.  clauf.  i  Edtu.  II.  m.  18.  d.     Walfinglam,  p.  96. 

X  Hailing flead^  Chronicle. 

y  Rapin. 

»  Bradf  s  Combat  Hijlory  of  England,  Vol.  II.  p.  1C  I. 


^ENGLAND.  159 

that  he  would   never  confent  to  it  unlefs  he  was  forced,  K.  Ed-ward  II, 
they  convened  themfelves  at  Ware,  and  from  thence          Rg    . 
went  to  Northampton  ;  and  the  King,  having  no  Forces    nn  ,308.° 
to  oppofe  them,  was  obliged  to  fummon  another  Par- 
liament to  meet  fifteen  Days  after.     Which  being  met 
accordingly  at  London  %  divers  Articles  were  laid  to  the 
Charge  of  the  Favourite,  '  As  abufing  the  King's  Ear, 

*  by  obtaining  immoderate  Grants  to  himfelf  j  his  em- 

*  bezzling  the  Treafure  of  the  Kingdom,  and  taking 

*  the  heft  Jewels  of  the  Crown  to  his  own  Ufe  V   Thus 
far  Mr.  Tyrrel-y  but  he  omits  what  *f.  Stowe  adds  in  their 
Complaint,  tho'  he  quotes  the  very  Pafiage  from  that 
Hiftory,  viz.  That  the  Lords  told  the  King,  '  That 

*  Gave/Ion's  Father  was  executed  for  being  a  Traitor  to 

*  the  King  of  France ;  that  his  Mother  was  burnt  for 

*  a  Witch ;  that  the  faid  Pelrce  was  banifhed  for  con- 
e  fenting  to  his  Mother's  Witchcraft ;  and  that  he  had 
c  now  bewitched  the  King  himfelf  V 

The  King,  as  is  faid,  hoping  to  divide  the  Barons, 
and  take  off  fome  that  had  been  the  leaft  provoked,  pro- 
pofed  it  to  the  Archbifhop  of  Canterbury,  the  Bimop  of  [  142  3 
Durham,  the  Earls  of  Lancafter  and  Hereford,  that  he 
would  refer  all  Differences  to  them,  and  confirm  what- 
foever  they  fhould  judge  moft  fit  to  be  done  on  this  Oc- 
cafion.  But  the  Bifhops  and  Lords  would  not  under- 
go the  Odium  of  fuch  an  Arbitration;  and  faid,  '  They 

*  would  act  nothing  without  the  general  Confent  of  all  Gaveagn  b    •» 

*  the  reft  of  the  Barons,  who  would  not  be  fatisfied  with  ed  again  by  Order 
4  any  Thing  lefs  than  that  the  Earl  of  .Cornwall  (hould  of  Parliament, 

'  immediately  quit  the  Kingdom.'  This  the  King  de- 
laying to  grant,  they  were  about  to  take  up  Arms  ;  but 
he  fearing  the  ill  Confequence  of  a  downright  Denial, 
after  many  Altercations  with  his  Nobles,  was  at  laft 
obliged  to  part  with  his  Favourite,  and  to  banifh  him 
ftomjingland  for  ever.  This  Sentence  had  the  Ratifi- 
cation of  all  the  Eftates  ;  and,  to  make  it  ftronger  on 
the  King's  Part,  he  confirmed  it  by  Letters  Patent  under 

the 

a  On  Hocday,  fays  Sto-we.  This  Day  was  called  Hoc-TuefJay,  beirtg 
the  fecond  Tuesday  after  Eafter  Week.  A  Feftival  anciently  kept  as  a 
Memorial  for  the  Englijh  mattering  the  Danes,  Jacob'*  Law  Dictionary, 

b  Tyrrel's.  Hiftory  of  England,  Vol.  III.   p.  227. 

c  Stowe's  Hiftory  of  England,  p.  213.  Tyrret,  we  fuppofe,  not  having 
any  great  Faith  in  this  laft  Accufation,  wholly  emitted  it. 


And  his  Adhe 
jents  excommu 
nicated. 


1 6  o  ?be  Parliamentary  HISTORY 

K,  Edward  II.  the  Great  Seal.  But  all  this  was  not  thought  fufficient  5 
for  at  the  fame  Time  the  Archbifhop  of  Canterbury^ 
with  the  other  Bifhops  and  Prelates  of  the  Church,  be- 
ing aflembled  in  a  Synod,  thundered  out  their  Sentence 
of  Excommunication  againft  the  faid  Pierce  Gave/Ion^  if 
he  fhould  remain  in  England  beyond  the  Day  prefixed  ; 
and  againft  all  fuch  as  fhould  prefume  to  advife,  affift, 
fuftain,  receive,  or  adhere  to  him,  or  do  any  Thing 
whereby  his  faid  Paflage  over  fhould  be  hinder'd;  with 
the  like  Claufe  againft  all  who  fhould  favour,  advife,  or 
procure  his  Return  d. 

All  the  Mitigation  the  King  could  gain  his  Minion, 
in  this  Matter,  was  to  fend  him  into  Ireland-,  over  which 
Kingdom  he  made  him  Governor ;  and  the  King  him- 
felf  bore  him  Company  as  far  as  BriJioL 

But  there  were  other  Matters,  than  this  Affair  of 
Gavejion,  tranfa&ed  at  this  Parliament.     The  Lords 
had  a  Mind  to  fall  upon  new- modelling  the  Govern- 
ment again ;  and  accordingly  prefented  an  Addrefs  to 
the  King,  complaining,  *  That  the  State  and  his  own 
Houmold  were  fo  ill  managed,  that  it  was  abfolutely 
neceflary  to  find  Means  to  prevent  the  Confequences 
of  this  Diforder.'     They  added,  '  That  the  only  pro- 
per Method,  as  they  thought,  was  for  the  King  to 
leave  to  certain  Lords,  appointed  by  the  Parliament, 
the  Care  of  well-governing   the  Kingdom,  and  his 
own   domeftic  Affairs.      This  very  modejl  Addrefs, 
which  his  Father  would  have  made  them  fmart  for,  this 
weak  Prince  gave  his  Confent  to;  and,  without  confi- 
ACoBnmltee  ap-(lering  the  Confequence  of  a  Condefcenfion  fo  pernicious 
Ementtogovernto  n's  Authority  and  Quiet,  he  permitted  the  Parliament 
the  King's  Af-  to  chufe  feven  Bifhops,  eight  Earls,  and  fix  Barons,  to 
make  the  propofed  Regulation  e. 

It  muft  appear  plain,  to  an  impartial  Reader,  that 
the  Republican  Scheme,  broached  in  his  Grandfather's 
Time,  was  again  fet  on  Foot  under  this  King's  Govern- 

•  ment ; 

*  The  Form  of  thefe  Letters  Patent,  and  the  Sentence  of  Baniihment, 
are  to  be  found  at  large  in  Tyrrell  Hijlory,  Vol.  III.  p.  219. 

e  They  were  the  Archbifhop  of  Canterbury ;  the  Bifhops  of  Loader-, 
Salijbury,  Cbicbejler,  Norwich,  St.  David's,  and  Llandaff;  the  Earls  of 
Gloucefter,  Lancoftsr,  Lincoln,  Hereford,  Pembroke,  Richmond,  War-wick,  and 
Arundel^  and  thefe  Barons,  Hugh  dtVere,  William  It  Marjhal,  Robert 
'  Fitx-Rogir,  Hugh  Courtnay,  William  Martin,  and  John  deGrey.     Brady. 
See  the  King's  Letters  Patent,  for  conftituting  thefe  Commiflioners,  in 
Bradfs  Hiftory,  Vol.  II,  p,  aoz  j  and  in  the  dpferdix,  N*.  50. 


t'43l 


fair 


of   ENGLAND.  161 

rhent ;  and  that  the  Banifhment  of  Gave/ion  proceeded  K-,  Edward  II, 

not  fo  much  from  the  Love  the  Lords  bore  to  the  King's 

Perfon,  as  that  they  thought  his  Counfels  and  Influence 

would  be  a  great  Obftrudtion  to  their  Defigns.     No 

fooner  were  theie  Commiflioners  conftituted,  but  they 

all  took  an  Oath,  That  they  would  make  fuch  Ordinances 

as  Jhould  be  to  the  Honour  of  God,  the  Honour  and  Profit 

of  Holy  Church,  to  the  Honour  of  their  Lord  the  Kingy 

and  to  the  Profit  of  him  and  his  People,  &c.  After  which 

they  made  feveral  Ordinances,  to  the  Number  of  forty- 

dne,  which  Dr.  Brady  has  tranfcribed  from  the  Parlia* 

ment  Roll,  and  are  printed  in  his  Appendix.    The  fame 

Author  has  given  us  a  Tranflation  of  them,  in  Effeft, 

\vith  the  King's  Confirmation  of  them,  both  of  which 

are  too  long  for  our  Purpofe  f :  But  the  Preamble  to 

thefe  Ordinances,  to  fhew  the  good  Defigns  of  the 

Patriots  in  thofe  Days,  may  not  be  unacceptable  to  our 

Readers. 

'  For  that  the  King  was  deceiv'd  by  evil  Counfel ;  and 
the  Nations  of  Gafcoigny,  Ireland,  and  Scotland,  in 
Danger  to  be  loft;  and  the  Realm  of  England  to  be  r  l..  -\ 
ruined  by  Oppreffions,  Prizes,  Takings,  and  Deftruc- 
tions ;  therefore  Robert  Archbifhop  of  Canterbury,  the 
Bifhops,  Earls,  and  Barons,  chofen  according  to  the 
King's  Commiflion,  did  ordain,  to  the  Honour  of  God 
and  Holy  Church,  and  the  Honour  of  the  King  and 
his  Realm,  in  Manner  following,  £frV/ 

It  appears,  by  the  Courfe  of  our  Hiftory,  that  this 
Seffion  of  Parliament  was  very  long,  and,  perhaps  by 
Prorogation,  continued  till  the  next  Year :  For  they 
were  fummoned  to  meet  on  the  loth  of  Augujl,  and  the 
King's  Letter  to  conftitute  the  Commiffioners  bears 
Date  the  ioth  of  March  following. 

Not  long  after  this  another  Parliament  occurs,  which  Anno  Reghi  2. 
met  at  Stamford,  July  26  :  It  was  fummoned  to  fupprefs        I3°9- 
the  ill  Intentions  of  the  Scots ;  yet  we  do  not  find  any  ^t  Stamford* 
Thing  done  to  that  Purpofe.     But  here  the  King  fo  far 
prevailed  with  the  major  Part  of  the  Nobility  then  pre- 
fent,  that  they  were  content  Pierce  Gave/ion  fhould  en- 
joy the  Earldom  of  Cornwall  during  Life.     This  Con- 

VOL.  I.  L  defcenfion 

f  Rotului  Parliatntnti  de  Anno  5°.  Edw,  II.  Brady's  Iliflory,  p.  103 
to  no. 


j62  The  Parliamentary  HISTORY 

K.£&M«fll.  defcenfion  of  the  Nobility  was  owing,  fays  zn  Author, 
to  the  King's  confirming  the  Decree  of  the  Commiflion 
aforefaid  h. 

Anno  Regr.i  3.      Qn  the  1 8th  ofOflaber,  the  next  Year,  we  find  that 
JS10-        the  King  held  another  Parliament,  or  rather  a  Piece  of  a 
At  York.      Parliament,  at  York;  for  here  feveral  difcontented  Lords 
refufed  to  come,  being  greatly  diflatisfied  at  what  was 
done  at  the  laft.    At  this  Meeting  the  renowned  Pierce 
Gave/Ion  appeared  again,  and  took  his  Place  as  Earl  of 
Cornwall  ;  but  he  had  much  better  have  ftaid  where  he 
was,  as  the  Confequence  will  ihew.  The  Heads  of  the 
Oppofition,  who  refufed  their  Attendance,  were  the  Earl 
of  Lancajler,  the  King's  Coufin-German;  and  the  Earls 
of  Warwick^   Oxford^   Lincoln^   and  Arundele ;  whom 
t  H5  ]     Dr.  Brady  puts  under  the  fignificant  Name  of  the  Or- 
dainers  *. 

The  chief  Bufmefs  that  was  done  at  this  Meeting, 
was,  firft  the  King  publiflied  his  Reafons  for  the  recall- 
ing his  Favourite,  which  were,  *  That  he  was  baniftied 
contrary  to  the  Laws  and  Ufages  of  the  Kingdom, 
which  he,  the  King,  was  bound  to  maintain  by  the 
Oath  he  took  at  his  Coronation  ;  and  feeing  he  was, 
in  the  Inftrument  of  Exile,  fliled  no  otherwife  than 
Good  and  Loyal,  he  returned  at  his  Commandment ; 
and  was  ready  to  ftand  Trial  before  him,  and  anfwer 
to  all  fuch  as  would  accufe  him,  every  Thin?  that 
fliould  be  objected  againfthim,  according  to  the  Laws 
and  Ufages  aforefaid.'  This  Declaration  was  dated 
at  York,  Jan.  18,  and  directed  to  the  Sheriff  of  York- 
fiire,  and  all  the  Sheriffs  in  England  k. 

The 

K  Tyrrel's  Hilary  cf  England)  Vol.  III.   p.  134. 

A  Statute  made  at  Stamford,  3d  of  Edward  II.  being  a  Confirmation 
of  28th  Ed-ward  I.  is  extant  in  the  Statutes  at  large,  Jui>  hoc  Anno. 

i  The  Barons  now  ufed  to  come  to  Parliament,  themfelves  and  Attend- 
ants armed  ;  there  is  a  general  Inhibition  from  the  King,  and  a  particular 
one  to  the  Earl  cfLancofter,  to  forbid  this  Pradtice.  Feed.  Ang.  Tom.  III. 
p.  aoo. 

Mr.  Tyrrel  has  quoted  in  one  Page,  Vol.  III.  p.  234.,  two  Paffages  from 
Hemingford's  Chronicle,  a  MS.  in  his  Time  ;  but  his  Quotations  muft  cer- 
tainly be  erroneous,  fmce,  by  the  learned  Dean  Gale's  printed  Edition  of 
that  Author,  that  Hiftorian  comes  down  only  to  the  Year  1273,  and  the 
Peath  of  Henry  III. 

Carte  is  guihy  of  the  like  Mi/lake,  by  quoting  Hemingford,  An.  1309, 
a  Ed-ward  II. 

k  Brady 's  After.dix,  N°.  53. 


of   E  N  G  L  A  N  D. 

The  Lords,  who  were  aflembled,  neglected  not  this 
Opportunity  offered  them-,  and  reprefented  to  the  King, 
c  That  the  Laws  and  Cuftoms  of  the  Kingdom  were 
'  not  obferved,  nor  the  late-made  Ordinances  regarded.* 
Upon  which  the  King,  to  obviate  fuch  Reports,  iflued 
out  another  Declaration,  by  which  he  commanded  and 
firmly  enjoined  the  Sheriffs  of  all  Counties  to  proclaim 
in  full  County,  and  in  all  Cities,  Boroughs,  and  Market 
Towns,  and  in  other  Places  which  they  fhould  think 
expedient,  '  That  it  was  his  great  Care  and  chief  De- 
fire  his  Peace  fhould  every  where  be  obferved  ;  and 
that  all  the  Laws  and  Cuftoms  of  the  Kingdom,  ufed 
and  approved  in  the  Time  of  his  Progenitors,  and  alfo 
all  the  Ordinances  lately  made  to  the  Honour  of  God 
and  Holy  Church,  and  his  own,  to  the  Profit  of  him 
and  his  People,  which  were  not  to  the  Damage  or 
Prejudice  of  him  and  his  Crown,  or  contrary  to  the 
Laws  and  Cuftoms  aforefaid,  fliould  be  maintained 
and  kept.     Witnefs  the  King  at  York,  Jan.  26  *. 
The  difcontented  Lords  were  then  in  London,  and  the 
King,  fearing  fome  Difturbance  might  happen,  fent  an 
Order  to  the  Mayor,  Aldermen,  and  Common  Council 
of  London,  l  To  fecure  the  City,  fo  as  by  the  Meetings 

*  of  the  Prelates,  Earls,  Barons,  and  others,  there  might 
'  happen  no  Hurt  or  Danger  to  him  or  the  City  m.' 

The  Declaration  and  Order  above  availed  nothing  to 
better  the  King's  Caufe ;  nor  another,  wherein  he  fets 
forth,  *  That  he  was  refolved  to  preferve  the  Rights  of 
'  his  Crown  and  Royal  Dignity,  the  Peace  and  Tran- 

*  quillity  of  Holy  Church,  and  the  whole  People  com- 
'  mitted  to  his  Charge  in  all  Things ;'  and,  in  order  to 
proceed  amicably  with  the  diffatisfied  Bifhops  and  Ba- 
rons, and  according  to  the  Power  referved  in  the  Pro- 
teftation  he  made  when  he  confirmed  the  Ordinances, 
the  King  appointed  Commiffioners  out  of  thofe  Prelates 
and  Barons  he  had  with  him  at  York,  to  treat  with 
thofe  of  the  Seceffion  at  London,  about  the  Obfervation 
of  the  Ordinances,  upon  which  were  grounded  all  their 
Pretences  of  Difcontent ;  and  to  reform  and  correct,  by 
their  good  Advice,  all  fuch  Things  in  them  as  were 
prejudicial  or  injurious  to  him,  or  contrary  to  the  Form 

L   2  Of 

1  Brady's  Appendix,  NO.  54. 

™  Idem,  p.  113,  £x.  Pat,  Edw,  II,  P,  II,  m,  22*  Tffle  Rfee  afud 
Ebor.  Feb.  S, 


164  tte  Parliamentary  HIST ORY 

'ti,  Edward  II,  of  the  Commiffion,  before  granted,  if  any  fuch  {hould 

appear n. 

Farther  DifFe-       The  Prelates,  Earls,  and  Barons,  who  were  then  at 

rences  between  J^nfa^  excufed  themfelves  from  treating  concerning 

£S8  the  Ordinances  in  the  Abfence  of  the  King,  and  fent 

him  this  Anfwer,  '  That  in  his  Prefence,  whenever  he 

'  pleafed  to  call  them  together,  they  would  treat  upon 

«  the  Ordinances,  and  (hould  be  ready  to  do  all  Things 

'  according  to  his  own  Proteftation,  and  alfo  according 

[  *47  ]      'to  the  Proteftation  they  made  at  the  Time  of  publiih- 

'  ing  thefe  Ordinances  °.' 

It  appears  by  the  Dates  of  thefe  Writs,  Declarations, 
&c.  that  the  King  continued  feveral  Months  in  Tork9 
whilft  thefe  Difputes  were  in  Agitation  betwixt  him 
and  the  feceding  Lords.  And  thefe  Tranfa'ctions,  in 
feveral  Circumftances,  bear  a  ftrong  Analogy  to  fome 
in  a  much  later  Reign,  as  the  Reader  will  find  in  the 
Courfe  of  thefe  Inquiries.  Nor  were  the  End  of  them 
Jefs  fatal  in  one  Reign  than  the  other,  fince  they  both 
terminated  in  dreadful  Cataftrophies,  the  private  Mur- 
der of  one  King,  and  the  public  Execution  of  another. 
The  feceding  Lords  began  now  to  pull  off  the  Mafque> 
and  to  declare  openly,  that  they  would,  by  Force,  drive 
Gave/ion  from  the  King  j  and  accordingly  raifed  an 
Army,  over  which,  by  common  Confent,  Thomas 
Plantagenet,  Earl  of  Lancafter,  was  made  General. 
After  which  they  fent  a  Meflage  to  the  King,  worded 
humbly  enough,  '  That  they  befought  him  either  to  de- 
*  liver  Pierce  Gavejlon  to  them  ;  or,  as  it  had  been  or- 
6  dained,  command  him  inftantly  to  depart  the  King- 
'  dom.'  The  King,  putting  his  Favourite's  Preferva- 
tion  on  a  Footing  with  his  own,  retired  with  him  from 
York  to  Newcajile  ;  where  the  Barons  and  their  Army 
followed  them.  From  thence  they  went  to  Tinmoutb^ 
where  the  King  taking  (hipping,  carried  Gave/Ion  with 
him  to  Scarbrougb,  and  placing  him  in  the  ftrong  Caftle 
there,  he  himfelf  left  him  and  went  to  York.  The  Earl  of 

Lan~ 

n  The  King's  Commifiioners  were  the  Bifliop  of  Norwich,  John  Salmon, 
Guy  Terre,  John  de  Crumbeivell,  Hugh  de  AudUy,  William  Deynccurt,  Hen- 
ry Spigurnel,  Henry  le  Scroop,  Knights  ;  the  two  laft  Juftices  ;  and  Tho- 
mas de  Cobbam,  Robert  de  Pickering,  Walter  de  Ttorf,  Gilbert  de  Middle- 
ton,  John  Fraunceyt,  and  Adam  Brigfs,  Cletks.  Idem  in  Append.  N°.  ;  <:. 
Dated  at  York,  March  8. 

•  Rjf/r/s  Plac.  Par.  p,   541. 


of   E  N  G  L  A  N  D.  165 

Lancafler  and  his  Army  ftill  followed  them,  and  coming K,  Edward  II. 
before  Scarbrougb  Caftle  they  belieged  it ;  which,  after 
fome  Time,  capitulating,  Gavefton  render'd  himfelf  upon  They  order 
Condition,  *  to  (land  to  the  Judgment  of  the  Barons,  ^ 

*  and  that  he  might  once  more  fpeak  with  the  King.' 
But  now,  having  him  at  their  Mercy,  he  found  but  a 
fmall  Share  of  it  from  them  ;  for  they  foon  after,  with- 
out much  Procefs,  beheaded  him,  as  a  public  Enemy 
to  the  Kingdom  p. 

To  clofe  up  this  Man's  Cataftrophe,  take  Mr.  Daniel's 
Character  of  him  in  thefe  Words  :  4  He  was  a  Native  [ 
of  Gafcolgny,  and,  for  the  great  Service  his  Father  had 
done  to  this  Crown,  was  educated  by  King  Edward  I. 
with  the  Prince  his  Son,  by  which  Means  he  gained  fo 
great  an  Intereft  in  his  Favour.  He  was  a  goodly  Per- 
fon,  of  undaunted  Courage,  as  he  (hewed  himfelf  at  a 
Tournament  at  W ailing f or  d^  where  he  challenged  the 
beft  of  our  Nobility,  and  is  faid  to  have  foiled  them 
all,  which  inflamed  their  Malice  againft  him.  In  Ire- 
land, during  the  fhort  Time  he  was  Lieutenant  there 
in  his  Banifhment,  he  conquered  the  Rebels  in  the 
Mountains  of  Dublin,  built  Newcajile  in  the  Kern's 
Country,  and  repaired  Kauni  Caftle,  and  afterwards 
pafled  up  into  Munfter  and  Thomond,  doing  great  Ser- 
vice to  his  Mafter  with  much  Valour  and  Bravery. 
He  feems  to  have  been  a  Perfon  who  could  not  fawn 
or  ftoop  to  thofe  he  loved  not,  nor  difguife  his  Nature 
fo  far  as  to  temporize  with  his  Enemies.  But,  pre- 
fuming  upon  his  Fortune,  he  grew  in  the  End  to  be 
arrogant  and  proud,  and  was  fo  intolerable,  as  no- 
thing but  his  Ruin,  which  it  produced,  could  eafe  the 
Subjects  of  that  heavy  Burden.' 

Gavefton  being  thus  cut  off,  the  Lords  in  the  Confe- 
deracy lent  a  very  haughty  Meflage  to  the  King,  proudly 
demanding,  fays  an  old  Hiftoriani,  that  theirOrdinances 
ihould  be  confirmed  and  put  in  Execution,  threatening, 
'  That,  if  it  was  not  done  fpeedily,  they  would  come 
'  and  compel  him  to  do  it ;'  and  they  united  all  their 
Forces,  and  quartered  themfelves  in  the  Country  about 
Dunjlable,  the  King  being  then  at  London.  But  foon 
jjfter  a  Treaty  was  fet  on  Foot  betwixt  the  King  and 
L  3  his 

P  On  a  Hill  near  Warii-i.t:,  June  19,    1312. 
<:   fr;:tr--f  faflti/antet.     Walfiajkara. 


1 66  The  Parliamentary  HISTORY 

K»Edwar<ill.  his  Barons,  by  the  Mediation  of  feme  Bifhops ;  and 
Articles  of  Agreement,  eight  in  Number,  were  fettled 
betwixt  them  r.  By  the  firft,  it  was  ftipulated,  «  That 
'  the  Earls  and  Barons,  concerned  in  the  Affair  above, 
c  fhould  come  before  the  King  in  Weftminjler-Hall,  and 

*  with  great  Humility,  on  their  Knees,  make  their  Sub- 
'  miffion;  and  fwear,  if  he  fo  defired,  that  what  they 

*  did,  and  for  which  they  had  incurred  his  Difpleafure, 
f  ,  ,Q  i      «  was  not  done  in  Defpight  of  him,  and  they  fliould 

'  humbly  pray  his  Forgivenefs,  and  receive  it  with  a 
«  good  Will,  bV 

This  Submiflion  was  to  be  made  publickly  at  the 
next  Parliament.  But  for  all  that  the  King  took  the 
Death  of  Gave/ion  fo  heavily,  that  he  never  forgave  the 
Authors  of  it ;  and,  when  he  had  it  in  his  Power,  re- 
venged it  feverely  on  them, 

AnnoRegni  6.       In  the  Year  1313,  the  King  intending  an  Expedition 

X3'3'        into  France^  and  to  carry  his  Queen  with  him,  in  order 

to  pay  a  Vifit  to  her  Brother  the  French  King,  thought 

efimtnjier.  prOper  £r£  ^Q  cajj  a  parliament  to  meet  on  the  eighth 

of  July  at  IVtftminfter^  and  to  leave  a  Commiflion  with 
the  Earl  of  Gloucefler^  conftituted  Regent,  together  with 
the  Bifhops  of  Bath  and  Worcejler^  and  the  Earl  of  Rich- 
mond, to  open  the  Parliament  and  continue  the  Seflion 
till  his  Return.  The  Barons  were  very  impatient  to  have 
the  Acts  of  their  Pardon  and  Security  pafs  ;  and  there- 
fore this  Meeting  did  not  fatisfy  them,  the  King  not 
being  prefent  at  it,  and  they  all  went  back  to  their  own 
Homes.  But  the  King  landing  a  ftiort  Time  after,  and 
finding  how  Matters  went,  thought  fit  to  diffolve  that 
Parliament  and  to  ilTue  out  Writs  for  calling  another, 
which  was  to  meet  on  the  23d  of  September  following 
at  Weftminfter. 

The  Earl  of  Lancafter  came  thither  attended  with 
a  great  Number  of  armed  Men,  raifed  from  his  own 
Tenants  ;  notwithftanding  the  King  had  fent  him  a 
pofitive  Inhibition  againft  it,  as  well  as  to  fome  other 
Lords  of  the  fame  Party5.  When  they  were  met  the 
King  renewed  his  Complaints  before  the  Clergy  and 

Laity, 

*  See  Brady's  and  TyrrePs  Hiftories,  p.  117,  and  255. 

»  There  were  Letters  of  Safe-Conduft  direfled  to  the  Earls  of  Lar.colier, 
Hereford,  and  Warwick,  the  Barons  Percy,  Clifford,  hot/and,  and  Fitx~ 
Marnaduke,  with  their  Attendants  and  Swvants,  Rym,  Too,  111.  p.  492, 


of  E  N  G  L  A  N  D.  167 

Laity,  '  concerning  the  Affronts  and  Injuries  he  had  K<  Edward  II, 

*  lately  received  from  the  Barons  ;  of  their  taking  Pierce 

*  Gave/ton  and  cutting  off  his  Head,  contrary  to  the  Ar- 

*  tides  he  had  made  at  his  Surrender.'  The  Confederate 
Lords,  on  the  other  Side,  unanimoufly  anfwered  to  thefe 
Accufations,  '  That  they  had  in  nowife  offended  the 

*  King  in  what  was  laid  to  their  Charge;  but  rather 
'  deferved   Thanks  and   Good-Will   from   him,  fince 

*  they   did   not   bring  an  Army  thither   in  Contempt 
'  of  his  Authority;  but  only  to  deftroy  a  public  Enemy 

*  of  the  Kingdom,  who  had  been  often  banilhed  by  the 
'  Community  thereof,  and  which  Sentence  had  been 

*  confirmed  by  the  King  himfelf,  as  being  a  Perfon  who 
'  had  not  only  injured  the  King's  Reputation,  but  had 

*  robbed  the  Crown  of  its  Revenues,  ancMiad  raifed  per-     r  , -o  -j 
'  petual  DifTentions  betwixt  the  King  and  his  natural- 

'  born  Subjects.'  They  alfo  boldly  declar'd,  '  That  they 
'  would  no  longer  truft  to  his  vain  Promifes,  or  be  de- 
'  ferred  any  longer  of  their  Securities/  The  Queen,  the 
Bifhops,  and  the  Earl  oiGlouceJier^  Ralph  de  Monther- 
mer^  who  was  a  neutral  Lord  in  this  Matter,  undertook 
to  fettle  thefe  Differences,  to  mitigate  the  Difpleafures  of 
both  Parties,  and  to  make  Peace  between  them.  By 
their  Mediation,  therefore,  the  King  was  to  remit  his  Dif- 
pleafure  towards  the  Lords,  provided  that  they  and  their 
Adherents  did,  in  J^eJ^min/ier-Hall^  in  full  Parliament, 
perform  the  Submi/Iion  which  had  been  before  agreed 
on,  viz.  l  That  they  (hould  humble  themfelves  before T|jeBaron  ,k- 
him,  and  beg  his  Pardon  in  whatever  they  had  offended  a  forma} Sub  nh- 
him,  and  thereupon  the  King  fhould  again  receive  fion. 
them  into  his  Grace  and  Favour,  and  fhould  look  up- 
on them  for  the  future,  as  his  Liege-men  and  Subjects ; 
and,  confirming  all  the  Articles  required,  fhould  never 
again  queftion  any  Man  for  the  Death  of  Gavsfton  ; 
but  fhould  grant  his  Charter  of  Indemnity  to  all  that 
(hould  deftre  it".'  All  which  Particulars  being  agreed 
to  by  theKing,  and  perform'd  by  the  Confederacy,  they, 
with  the  reft  of  the  Great  Men  of  the  Kingdom,  con- 
fidering  the  King's  Necefiities,  granted  him  a  Fifteenth 
of  all  their  moveable  Goods ;  and  then  the  Parliament 

was 

u  The  Charter  of  Pardon  is  preferv'd  amonpfl  the  Public  AEl:,  in  Frtr.cb; 
and  there  arc  near  500  Na;nts  of  Lords  and  private  Gentlemen,  the  latter 
moft  of  them  North,  that  ;ook  out  thair  l^rdoas.  1'ied.  Ar.^.  Thin.  UI> 
I1-  443- 


The  Parliamentary  HISTORY 

K.Ed-wardll.  Was  diflblved,  every  Man  going  home  with  Joy  and 
Satisfaction. 

The  Affairs  in  Scotland,  at  this  Time,  went  worfe 
than  at  home ;  Robert  Bruce,  their  new  King,  taking 
Advantage  of  the  Civil  Difientions  in  England,  had  now 
reduced  moft  Part  of  that  Country  to  his  Obedience. 
To  recover  what  was  loft,  Edward  rnifes  a  vaft  Army 
The  Scots  gain  a  and  marches  againft  the  Scots  King;  but  met  with  fo 
at  Ban-  great  an  Overthrow  at  Bannockburn,  that,  after  leaving 
.  tne  greateft  part  of  his  Army  dead  behind  him,  he  re- 

r          -i      tired  with  much  Precipitation  to  York™.     Here  it  was 
*•  that  he  called  a  Parliament,  or  a  Council,  of  his  {battered 

AnnoRegni7.  Nobility,  to  meet  on  the  1 5th  of  Augujl ;  but  the  Na- 
1314.  tion  being  in  much  Confirmation,  by  their  late  great 
1  Lois,  though  this  Alterably  fat  from  the  Time  afore- 

faid  untill  Muhaelmas,  yet  nothing  but  the  Exchange 
of  the  Lndy  of  Robert  Bruce,  and  fome  other  Prifoners, 
Was  concluded  at  it. 

This  Devaftation  of  Men  was  followed  by  a  dreadful 
Famine,  which  lafted  three  Years,  and  deftroyed  an  infi- 
nite Number  of  People.  To  remedy  which,  and  to  fet- 
Anno  Regni  8.   t]e  t^e  prjce  of  Provifions,  which  were  grown  exceflive 
13IS>        dear  at  that  Time,  the  King  fummoned  a  Parliament  to 
lcr.  meet  at  Wejiminfter,  on  the  20th  of  December,   1315. 
When  the  Prelates,  Peers,  and  Commons  were  there  af- 
fembbd,  they  took  into  Confideration  the  fad  Condition 
The  Price  of    of  the  Kingdom,  and  how  to  abate  the  exceffive  Price 
b^Procu'm^ion  .°f  Victuals ;  which,  by  reafon  of  the  late  bad  Years,  was 
on  Account  of  grown  fo  fcarce  that  the  ordinary  People  had  much  ado 
t0  "live>     The  Archbifll°Ps>    Bifhops,  Earls,   Barons, 
and  others  of  the  Community  of  the  Kingdom,  prefent- 
ed  a  Petition  to  the  King  and  his  Council,  praying,  That 
a  Proclamation  mi»ht  be  iliued  out  fettling  the  Price  of 
Provifions.in  the  Manner  following,  '  Becaufe,  fay  they, 
'  that  Oxen,  Cows,  Muttons,  Hogs,  Geefe,  Hens,  Ca- 
'  pons,  Chickens,  Pigeons,  and  Eggs,  were  exceflive  dear, 
'  that  the  bell  Ox,  not  fed  with  Corn,  fhould  be  fold  for 
'  fixteen  Shillings  and  no  more  ;  and  if  he  was  fed  with 
'  Corn,  then  for  twenty  four  Shillings  at  moft.     The 

*  beft  live  fat  Cow  for  twelve  Shillings.    A  fat  Hog,  of 

*  two  Years  old,  for  three  Shillings  and  Four-pence.  A 
{  fat  Weather,  or  Mutton,  unfhorn,  for  Twenty-pence, 

and 
*  This  Battle  was  fought  June  z$,  1314. 


/ENGLAND.  165 

and  flaorn,  for  Fourteen- pence.  A  fat  Goofe  for  Two-  K.  Edward  11, 
pence  Halfpenny.     A  fat  Capon  for  Two-pence.     A 
fat  Hen  for  a  Penny.     Two  Chickens  for  one  Penny. 
Four  Pigeons  for  a  Penny  ;  and  twenty- four  Eggs  for 
a  Penny.     And  thofe  who  would  not  fell  the  Things 
for  thefe  Rates  were  to  forfeit  them  to  the  King.'  Pro- 
clamation was  made  in  every  County  in  England  accord- 
ingly.     Mr.  Tyrrel  obferves  that  Silver  was   then    at 
Twenty- pence  the  Ounce  j  which  muft  argue  a  great     r          , 
Allay  in  it  at  that  Time. 

This  Petition  being  made  by  a  Parliament,  from, 
thence  it  became  a  temporary  Statute  a ;  yet  it  did  not 
take  fufficient  Effect,  by  reafbn  that  the  Scarcity  of  all 
Provifions  ftill  increafed  ;  a  Quarter  of  Corn  being  fold 
not  long  after  for  twenty  Shillings,  and  Barley  for  a 
Mark  ;  the  Sheep  being  alfo  moftly  dead  of  the  Rot,  and 
Corn  being  fo  very  dear  Hogs  and  Poultry  could  not  be 
kept,  whereby  all  Sorts  of  frem  Meats  became  fo  fcarce, 
that  the  King,  going  to  St.  Allans  in  November  this  Year, 
had  much  ado  to  get  Victuals  to  fuftain  his  Family. 

This  Parliament,  however,  granted  the  King  a  twen- 
tieth Part  of  their  Goods  or  Moveables  ;  but,  in  Staf- 
fordjhire  and  Shropjhirey  fome  refufed  to  pay  it,  and  hin- 
dered the  Collectors,  appointed  by  the  King,  from  ga- 
thering it.  Their  Pretence  was,  That  this  Tax  was 
granted  on  certain  Conditions,  viz.  That  the  King 
ihould  caufe  the  Great  Charter  of  the  Liberties  of  Eng- 
landy  the  Charter  of  the  Foreft,  the  Ordinances  made 
by  the  Prelates,  Earls,  and  Barons,  and  the  Perambu- 
lation ofForefts,  to  be  obferv'd  ;  which  had  not  then  been 
duly  put  in  Execution.  The  King  was  much  furprized 
and  difpleafed  at  this  Remonftrance,  fmce  he  had  ftri&ly 
commanded  that  all  thefe  Laws  fhould  b^  kept,  and  bad 
afllgned  Commiffioners  in  all  Counties  to  make  the  Per- 
ambulations j  whereupon,  that  he  might  be  thoroughly 

fatisfied 

a  Per  Petitioncm  Arcliepifccporum,  Efifcoporum,  Ccmitum,  Baronum,  et 
atior;.';;:  d;  Cow.wunitats  Regni,  coram  nabis  et  Confdio  nojiro  exbibitam,  &<:, 
Rot.  Parl,  NO  35,  36. 

This  Petition,  and  the  Order  of  Council  made  upon  it,  are  entered  on 
the  Parliament  Rolls,  in  French  and  Latin,  of  whioh  the  foregoing  is  a 
Tranflation.  There  are  no  !efs  than  268  Petitions,  with  their  Anf  A-ers, 
entered  alfo  on  the  Rolls,  all  on  private  Affairs  except  the  former,  And 
in  wlnt  is  call'd  the  Sth  and  91)1  of  the  fame  King,  which  takes  in  fome 
Part-of  the  fucceedmg  Parliament  at  Line  tin,  divcrfe  Memoranda,  as  they 
are  there  (bled,  of  more  Petitions,  are  thsie  entered,  but  all  orv  private 
Property. 


170  Parliamentary  HISTORY 

K,EJivarJlI,  fatisfied  about  the  Nature  of  the  Action,  and  have  the 
Names  of  the  Actors,  he  appointed  one  of  his  Clerks  to 
go  with  the  Collectors,  and  to  make  Inquiry  by  them- 
felves,  or  by  the  Oaths  of  lawful  Men  of  thole  Parts, 
if  it  was  needful,  concerning  the  Particulars,  and  cer- 
tify them  diftinctly  to  him  c. 


AnnoRegni  9 
1316. 

At  Lincoln. 

L  153] 


The  next  Year,  1316,  the  King  fummoned  a  Parlia- 
ment to  meet  at  Lincoln^  fifteen  Days  after  St.  Hilary^ 
or  Jan.  28  ;  where  being  met,  the  King  deferred  going 
upon  any  Bufmefs,  becaufe  his  Uncle,  Thomas  Earl  of 
Lancajter,  and  other  Great  Men,  were  not  yet  arrived  ; 
according  to  whofe  Advice  he  intended  to  proceed.  But, 
in  the  mean  Time,  the  Chancellor,  Treafurer,  and 
Juftices  of  both  Benches,  were  enjoined  to  bring  in 
Briefs  of  fuch  Matters  depending  before  them,  in  their 
feveral  Places,  which  could  not  be  determined  out  of 
Parliament,  that  here,  in  this  Seffion,  they  might  pro- 
ceed in  them  as  they  ought. 

This  is  the  firft  Parliament  that  is  entered  on  the 
Rolls  in  Form  ;  the  Preamble  tells  us,  That  they  met 
for  the  firft  Time  in  the  great  Hall  belonging  to  the 
Dean  of  Lincoln,  in  whofe  Houfe  the  King  then  lodged. 
That,  being  affembled,  the  King  gave  Command  to 
William  Inge,  one  of  the  Juftices  of  the  King's  Bench, 
to  declare  the  Caufe  of  the  Summons  ;  which,  he  faid, 
was  on  fundry  and  arduous  Matters,  principally  relating 
to  the  King's  Realm  of  Scotland,  as  had  been  mentioned 
in  the  Writs.  That  the  King  defired  they  would  treat 
on  this  and  other  Affairs  with  all  convenient  Speed  ;  ad- 
ding, That  the  King  was  under  much  Concern,  that  he 
was  obliged  to  call  them  together  at  a  Time  when  the 
great  Scarcity  of  Victuals  muft  make  thofe,  who  came 
from  a  great  Diftance,  to  think  their  Stay  both  tedious 
and  burthenfome. 

A  few  Days  after,  the  Earl  of  Lancaftir  and  the  other 
Peers  being  come,  the  Caufe  of  fummoning  this  Par- 
liament was  again  declared  ;  alfo  for  their  Advice  and 
Afliftance  againft  the  Scots,  who  had  pofieiTed  themfelves 
of  the  greateft  Part  of  that  Nation,  and  thrown  off  all 
Allegiance  to  England',  the  King,  '  befeeching  and  en- 


joining all  his  Liege  Subjects,  there  prefent,  to  advife  and 


Tyrrel  and  Brady. 


affift 


^ENGLAND.  171 

*  a/lift  him  in  this  Matter  V  Upon  this  it  was  agreed  fi.  Edward il, 
to  meet  the  next  Day  and  treat  about  Parliamentary  Bu- 

fmefs;  when  being  aiTembled  they  debated  many  Things, 
which  lookup  all  that  Day,  and  the  King  commanded 
they  fhould  come  together  again  the  Day  following  ; 
when  they  were  to  meet  in  the  Chapter-Houfe  of  the 
Church  of  Lincoln.  Here  it  was  agreed,  that  the  A6t 
patted  the  laft  Parliament,  relating  to  the  Proclamation 
for  the  Prices  or"  Victuals,  ihould  be  repealed,  and  that 
they  fliould  be  fold  as  formerly  at  as  reafonable  Rates  as 
they  could  be  afforded.  For  a  very  good  Reafon,  fays 
Walfmgham>  becaufe,  that  after  that  Statute,  Provifions 
were  grown  much  dearer,  the  Dearth  ftill  continuing  in. 
a  greater  Degree. 

Two  or  three  Days  after  the  King,  by  the  Bifliop  of 
Norwich^  declared  to  the  whole  Body  aflembled,  «  That 
'  he  would  obferve  all  the  Ordinances  formerly  made  by 

*  the  Prelates  and  Great  Men,  and  alfo  the  Perambula- 

*  dons  of  Forefts  made  in  his  Father's  Time,  faving  to 
«  the  King  his  Reafons  againft  them  ;'   and  Writs  were 
made  out  accordingly. 

The  next  Day  the  Parliament  granted  to  the  King,  In  [  154  ) 
Aid  for  his  War  with  Scotland,  of  every  Village  in  the 
Kingdom  one  ftout  Footman,  except  Cities,  Boroughs, 
and  the  King's  Demefnes  c  ;  and  thefe  Footmen  were 
to  be  armed  and  furniftied  with  Swords,  Bows,  Arrows, 
Slings,  Launces,  and  other  Armour  fit  for  Footmen, 
at  the  Charge  of  the  Towns,  and  their  Expences  to  be 
paid  untill  they  carne  to  the  Place  of  Rendezvous,  and 
their  Wages  for  fixty  Days  after,  and  no  longer,  unlefs 
the  King's  Service  required  it,  at  Four-pence  a  Day. 
Market- Towns  that  were  able  to  be  charged  further 
with  Men,  were  fo  to  be  charged  j  the  King  promifins 
to  give  his  Letters  to  the  Peers  and  Commons,  and  to 
their  Heirs,  That  this  Grant  Jhould  be  no  Precedent^  nor 
drawn  into  Example  for  the  future. 

The  fame  Day,  by  the  Advice  of  this  Parliament,  the 
King  ordered  all  the  Military  Service  due  to  him,  whicli 

was 

<J  Supplicant  &  injungens  Prelatit,  Proeeri!>:tt  et  cxteris  fideUbus  tt  Stii>. 
Jitis  fun,  Hi  Jem  exiJtcnJibui,  ut  fibi  in  Proimijfit  cotifiilcrent,  et  fnc:rfnr 
Jlbi  Auxiliuin  opportunism.  Rot.  Par.  9  Edw.  11. 

e  Cities  ,:rul  Boroughs  were  not  exempted,  for  we  find  that  the  City  of 
London  fcnt  200,  Canterbury  40,  St.  Allan  i  10,  and  fo  in  fiopurtion  to  all 
tiic  rcA.  HJM,  Daniel.  But  the  Record  h  othcrwilc. 


172  *The  Parliamentary  HISTORY 

K,  Edward II.  was  the  whole  Militia  of  England,  to  be  fummoned  to 
appear  at  Newcaftle  upon  Tyne,  fifteen  Days  after  Mid- 
fummer.  Then  the  Knights,  Citizens,  and  BurgefTes 
granted  the  King  an  Aid  to  carry  on  this  Expedition  in- 
to Scotland,  which  was  a  fifteenth  Part  of  all  moveable 
Goods,  on  Citizens,  BurgefTes,  and  Men  of  Cities  and 
Boroughs,  and  the  King's  Demefnes,  which  they  were 
poflefled  of  at  Michaelmas  laft. 

Before  this  Parliament  was  diflblved,  the  King,  to 
{hew  his  Sincerity  towards  his  Coufin  Thomas,  Earl  of 
Lancajler,  ordered  the  Bifliop  of  Norwich  to  tell  him, 
That  he  defired  he  would  caft  away  all  Fears  and 
Doubts  on  his  Account,  affuring  him  that  he  bore  the 
Earl  a  hearty  Good-will,  with  the  reft  of  the  Nobles, 
and  held  them  to  be  his  faithful  Liege-men  ;  and  fur- 
ther told  him,  that  the  King  defired  to  have  him  the 
Chief  of  his  Council ;  requefting  him,  in  Behalf  of  the 
King,  Prelates,  and  Great  Men  there  prefent,  to  take 
upon  him  and  affift  and  advife  in  the  Affairs  of  the  King 
and  Kingdom.'     The  Earl   thanked  the  King,  and 
humbly  requefted  Time  to  give  in  his  Anfwer f,  and, 
after  a  very  fhort  Paufe,  he  confented  to  the  Propofal,  and 
I  *55  J     was  fworn  of  the  King's  Council.  Our  Records  have  pre- 
ferved  the  Form  of  this  Oath,  or  Protestation,  which, 
fince  it  is  fingular,  done  in  Parliament,  and  ordered  to 
be  entered  on  the  Roll,  claims  a  Place  in  our  Hiflory. 
'  Whereas  our  Lord  King  Edward,  by  the  Grace  of 
God,  King  at  England,  hath,  with  the  Prelates,  Earls, 
and  Barons  of  the  Land,  in  full  Parliament,  requefted 
his  dear  Coufin,  the  Lord  Thomas,  Earl  of  Lancajler^ 
That  he  would  be  Chief  of  his  Council  in  all  great  and 
weighty  Affairs,  touching  himfelf  and  his  Realm  ;  to- 
gether with  other  Prelates,  Earls,  arid  Barons,  who 
fhall,  between  the  King  and  him,  take  Care,  that  it 
may  be  for  the  Profit  of  the  King  and  the  Realm  ;  the 
(aid  Earl,  for  the  great  Love  he  hath  for  his  Lord  the 
King,  and  for  common  Profit  of  the  Kingdom,  and 
the  Ordinances  which  he  had  intirely  granted  to  ob- 
ferve,  and  the  right  Laws  to  maintain  in  all  Points, 
and  in  Hopes  to  make  Amendments  in  fuch  Tilings 
as  had  been  ill  done  in  his  Court,  and  the  Eftate  of 
his  Realm,  did  yield  to  be  of  the  King's  Council,  with 

'  the 

f  Sufflicavit  yuod  ifje  fejfit  delilerare  et  f-Jlea  refondere.     In  Chijin. 


^/ENGLAND.  173 

*  the  Prelates,  Earls,  and  Barons  ;  fo  as  at  any  Tlme^.  Edward  u. 
c  if  the  King  ftiall  not  do  according  to  his  Directions, 

*  and  thofe  of  his  Council,  concerning  the  Matters  of 
4  his  Court  and  Kingdom,  after  fuch  Things  have  been 

*  {hewn  him  ;  and  that  he  will  not  be  directed  by  the 

*  Counfel  of  him,  and  others,  the  Earl,  without  Evil- 

*  Will,  Challenge,  or  Difcontent,   may  be  difcharged 

*  from  the  Council  ;  and  that  the  Bufinefs  of  the  Realm, 
'  concerning  him,  fliall  not  be  done  or  performed  with- 

*  out  the  Afient  of  him  and  the  other  Prelates,  Earls, 
'  and  Barons,  which  mall  be  ordained  or  appointed  to 

*  advife  him  ;  and  if  any  of  the  Prelates,  Earls,  and  Ba- 

*  rons  fliall  advife  the  King,  or  do  other  Thing  which 
«  (hall  not  be  for  the  Profit  of  him  and  his  Realm,  then 
'  at  the   next  Parliament,  by  the  Advice  of  the  King 

*  and  his  Friends,  they  (hall  be  removed  ;  and  fo  it  (hall 

*  be  from  Parliament  to  Parliament,  as  to  them,  and 

*  every  of  them,  according  to  the  Faults  found  in  them/ 

In  Witnefs  hereof  this  Article  was  ordered  to  be  en- 
tered on  the  Parliament-Roll. 

It  is  very  plain  by  thefe  Proceedings  that  the  King  [156] 
did  as  much  as  he  could  to  bring  over  and  eftablifh  his 
Kinfman  in  his  Intereft  ;  and,  further,  he  created  him 
General  over  the  Forces  that  were  to  march  againft 
Scotland ;  but  Dr.  Brady  obferves  that  no  Hiftorian 
makes  Mention  of  any  great  Thing  he  did  by  this  Com- 
mand. Mr.  Tyrrel  indeed  excufes  him,  and  fays  the 
Fault  lay  in  the  Diftruft  the  Earl  ftill  had  of  the  King, 
which  made  the  whole  Expedition  mifcarry.  But  the 
Contemporary  Hiftorians,  with  more  Juftice,  fix  it  on 
the  horrible  Famine  which  raged  in  the  Land,  and  de- 
ftroyed  fo  many  People  that  no  Army  of  any  Confe- 
quence  could  be  raifed  amongft  them  d.  However  it 
was,  we  may  believe  that  the  Fire  was  not  quite  ex- 
tinguifhed  between  thefe  two  near  Relations,  fince,  in 

a 

a  The  Famine  is  reported  to  be  fo  great,  and  endured  fo  long,  as  is  almoft 
incredible.  The  near  Contemporary  Hiftorians,  Knyghton  and  Wa/Jirgkam, 
give  dreadful  Accounts  of  the  Scarcity  and  the  Mortality,  both  of  Men  and 
Cattle,  which  muft  neceffarily  enfue.  A  Quarter  of  Wheat,  the  Canon 
writes,  was  fold  in  Lcice/ter  Market  for  forty- four  Shillings;  twenty 
Times  above  its  ordinary  Value  j  for  the  very  next  Year  there  was  fuch  a 
Harveft,  that  a  Bulhel  of  Wheat,  which  fold  befoie  for  ten  Shillings,  was 
fold  for  Tenpence  j  Oats,  that  \veve  eight  Shillings,  for  as  many  Pence,  &?c. 
Liron.  'J.  Stetve, 


*The  Parliamentary  HISTORY 

K.EJwarJlt.  a  fmall  Time  after,  it  broke  out  to  the  Deftru&ion  of 
them  both. 

There  happened  an  Affair  this  Seflion  of  Parliament 
which  deferves  our  Notice.  John  Lord  Rofs  was  accu- 
fed  before  the  King  for  drawing  his  Sword  upon  Hugh 
Defpenfer  the  younger,  in  the  Cathedral  Church  of  Lin- 
coln, during  Divine  Service,  in  the  King's  Prefence,  and 
in  Contempt  of  his  Crown  and  Dignity.  Lord  Rofs 
pleaded  that  the  other  had  infulted  him  firft  with  very 
contumelious  Language,  and  had  afterwards  ftruck  him 
a  Blow  on  the  Face,  which  drew  Blood  from  him  :  That 
he,  upon  this,  fearing  more  Mifchief,  did  draw  his  Sword, 
it  was  true,  but  not  in  Contempt  of  the  King,  but  in 
his  own  Defence  j  and  therefore  he  put  himfelf  upon 
the  King's  Mercy.  But  the  King  confidering  that  thefe 
Fa£r.s  were  committed  in  his  Prefence,  in  the  Time 
of  the  Parliament's  Sitting,  and  in  manifeft  Breach  of 
the  Peace,  fined  each  of  them  IO,OOO/. e  a  mighty  Sum 
in  thofe  Days  ;  and  they  were  committed  to  the  Cuftody 
of  the  MariThal  till  they  paid  it.  They  found  Means  ta 
get  bailed  afterwards  ;  but,  by  the  Importancy  of  the 
Perfons  who  were  their  Securities  f,  it  is  plain  the  Crime 
was  judged  of  a  very  high  Nature.  Nor  did  Hugh  DC- 
fpenfer,  tho'  fome  Time  after  the  King's  chief  Favou- 
rite, gain  his  Pardon  till  near  four  Years  after. 

There  are  feveral  Matters  elfe,  but  of  lefs  public 
Concern,  entered  on  the  Rolls,  as  done  in  this  Parlia- 
ment, which  we  omit.  The  Writs  for  calling  the  Com- 
mons to  this  Meeting  are  not  extant,  though  they  are 
mentioned,  under  the  Name  of  the  whole  Commonalty 
of  the  Realm,  to  be  at  it. 

So  great  were  the  Confufions  that  followed  this  Par- 
liament, by  the  Scots  Invafions,  that  though  more  were 
called,  yet  none  fat  to  do  any  Bufincfs  to  the  Purpofe  ; 
and  one,  particularly,  which  was  fummoned  to  meet  at 
Lincoln,  in  the  Year  1318,  the  Writs  being  revoked  for 
this  Reafon,  *  That  his  Enemies  and  Rebels,  the  Scots, 

*  had  invaded  England  and  come  into  Yorkflnrc,  com- 

*  mitting   many   Murders,    plundering,    wafting,    and 

*  burning  the  Country  ;  fo  that  the  King  refolved  fud- 

'  denly 

«  Deccm  Milh'a  Librarutn. 

f  The  Bail  were  Momar  de  Valentia,  Earl  of  Pembroke  ;  Join  de  War- 
ren, Earl  of  Surry  ;  Edmund,  Earl  of  Arundeit  ;  gilbert  Pecche,  Tbomat 
Latymer,  and  Roger  de  Felton,  all  Barons.  Rot,  Pad.  9  Edw.  II.  NO.  5,  6. 


of   E  N  G  L  A  N  D.  175 

«  denly  to  march  againft  them  with  an  Army  to  reflrain  K,  Edward  II. 
c  their  Incurfions,  and  bring  them  to  a  Submiffion  -,  and 
*  therefore  this  Parliament  was  put  offg. 

But,  in  the  Midft  of  thefe  Tumults,  the  King  found  AnnoRegnl  12 
an  Opportunity  to  meet  a  Parliament  at  York,  which        1319. 
had  been  fummoned  to  come  to  that  City  three  Weeks 
after  Michaelmas  h,  in  the  Year  1319.  Here  it  was  that      At       * 
an  Indenture,  made  betwixt  the  Earl  of  Lancajler  and 
certain  Prelates,  Earls,  and  Barons,  who  were  fent  by     "•  l$7  •* 
the  King  to  Northampton,  to  confult  with  the  Earl  about 
the  better  Regulation  of  the  Government,  was  read  in 
Parliament,  and  all  Things  in  it  diligently  confidered1. 
Upon  which  the  Parliament  agreed  to  petition  the  King, 
"  That,  for  the  Honour  of  himfelf  and  the  Profit  of 
him  and  the  Realm,  for  the  great  Affairs  which  con- 
cern him  and  which  do  daily  happen,  he  would  pleafe 
to  aflent,  That  two  Bifhops,  one  Earl,  one  Baron,  one 
Baron  or  Banneret  of  the  Family  of  the  Earl  of  Lan* 
cojler^  in  his  Name  and  for  him,  fhould  be  prefent 
and  remain  with  him  by  Turns,  or  Quarters  of  the 
Year,  to  deliberate  with,  and  advife  him  in  due  Man- 
ner ;  and  that  they  might  deliberate  and  advife  about 
all  con/iderable  Matters  out  of  Parliament,  untill  a 
Parliament   ftiould   otherwife   determine   concerning 
them  ;  fo  as  none  of  thefe  Things  fhould  be  debated 
without  the  Counfel  or  Aflent  of  the  Prelates,  Earls, 
and  others  which  remained  with  the  King  according 
to  the  Form  of  the  faid  Indenture  ;  and  if  any  Thing 
was  done  otherwife  it  fhould  be  void.' 
The  King  underftanding  this  Requeft,  and,  fays  our 
Authority,  defiring  to  be  advifed  what  to  do,  or  ought 
to  be  done,  for  the  Honour  and  Profit  of  him  and  the 
Realm  ;  and  confidering  that  when  he  received  the  Go- 
vernment he  found  Scotland  in  War  againft  him,  and 
fince  there  had  been  Wars  in  Ireland,  and  many  other 
Difturbances  had  happened  in  his  Dominions,  for  which 
he  thought  it  neceflary  to  have  with  him  the  greateft 

and 

Z  Bradv  and  Tyrrel,  from  Rot.  clauf.  n  Edto.  II.  m.  3.  dc.-fo.  The 
Writ.  :o  the  Earl  ofLancafer  is  publilhed  in  Ry  ley's  Plac.  Par.  Af.  p.  559. 
Fted.  Ar.g.  Tom.  III.  p.  7:2. 

h  Oft.  20.   Statutes  at  Izrgt,   12  Ed-ward  \\. 

i  See  the  Indenture  at  hrge  in  Brady  and  Tyre!,  -  Feed,  Ang.  Ton?.  Ill, 
f .  722,  &c. 


176 


Parliamentary  HISTORY 


..  Edward  II.  and  moft  fufficient  Advice  ;  he  therefore  agreed  to  haVC 
the  faid  Prelates,  Earls,  and  Barons  to  advife  him  irt 
the  Form  aforefaid  ;  yet  fo  as  his  own  Minifters  fhould 
always  perform  their  Offices  according  to  the  Law  and 
Ufage  of  the  Kingdom. 

And  whereas  it  was  contained  in  the  faid  Indenture.* 
That  the  Prelates,  Earls,  and  Barons,  there  named, 
had  undertaken,  by  the  Aflent  of  the  King,  that  he 
fhould  make  to  the  Earl  of  Lancafler^  his  People,  or 
Party  and  Followers,  Releafes  and  Acquittances  of 
all  Manner  of  Felonies  and  Trefpafles  againft  his  Peace, 
untill  St.  James's  Day  this  Year;  and  that  the  Char- 
ters of  Releafe  and  Acquittances  fhould  be  abfolute 
without  Condition  ;  and  if  better  Security  could  be 
found  for  them  in  the  next  Parliament,  they  fhould 
have  it,  and  alfo  confirmed  by  the  King  and  his  Ba- 
ronage ;  the  King,  by  the  Aflent  of  the  Prelates,  Earls, 
Barons,  and  Commonalty  of  his  Realm,  in  his  faid 
Parliament,  granted  a  Pardon  to  the  Earl  of  Lancaster 
and  his  Followers,  for  the  Breach  of  his  Peace,  and 
whatever  belonged  to  him  by  reafon  thereof;  and  of 
all  Manner  of  Felonies  and  Trefpafles  committed  againft 
the  Peace  unto  the  feventh  of  Auguft  laft  paft,  and  a 
Pardon  of  Outlawry  to  thofe  that  fhould  demand  it, 
if  any  had  been  pronounced  againft  them,  before  the 
making  of  their  Charters ;  and  commanded  the  Bifhop 
of  Ely,  then  his  Chancellor,  That  he  fhould  make 
Charters  under  his  Great  Seal,  abfolute  and  without 
Condition,  for  the  Earl  of  Lancafter,  and  fuch  as  he 
fhould,  by  his  Letters,  name  to  the  Chancellor. 
*  Alfo,  whereas  in  the  fame  Indenture  it  was  contain- 
ed, That  the  Ordinances  fliould  be  holden  and  kept 
as  they  had  pafled  the  Great  Seal,  the  King  now  willed 
and  granted,  That  they  fliould  be  fo  obferved,  and 
that  all  thefe  Things  fhouid  be  entered  upon  the  Par- 
liament-Roll, and  lent  to  the  Chancery  to  be  enrolled 
there,  and  from  thence  to  both  Benches,  to  be  like- 
wife  enrolled  in  them  V 

At  this  Parliament  alfo  the  Defpenfers,  Father  and 
Son,  came  firft  upon  the  Stage ;  Hugh  Defpenfer  the 
younger,  being,  by  Confent  of  this  Aflembly,  made  the 

King's 

k  Dated  at  Tork,  the  azd  Day  of  OHober,  An,  Reg.  iz.  f'Kd.  AV& 
Tom.  III.  p.  733,  734. 


.of   E  N  G  L  A  N  D.  177 

King's  Chamberlain.   Sir  Thomas  de  la  More,  the  Con-  K«  £<fawrf It- 
temporary  Hiftorian  of  this  King's  Reign,  writes,  That 
he  was  put  upon  the  King  becaufe  they  knew  he  Hated  -    • 

him.  But  the  young  Man  foon  played  his  Cards  fo  well     [  159  } 
that  he  quickly  changed  the  King's  Mind  towards  him, 
and   became  as    great  a  Favourite   as  Gavefton ;  for 
which  he  was  perfecuted  with  equal  Fury  by  the  Or- 
dainers. 

We  have  not  met  with  any  Parliamentary  Aids  given 
by  the  Clergy  for  fome  Time  j  but,  at  a  Prorogation  of 
this  laft  Parliament  to  meet  again  •  after  Ea/ler,  an  Aid 
was  demanded  of  that  Body  :  They  excufed  themfelves 
from  granting  any,  without  the  Pope's  Licence ;  but 
allowed  that  a  Meflenger  fhould  be  fent  to  Rome,  at  the 
King's  Expence,  for  that  Purpofe.  At  his  Return  he 
brought  a  Licence  from  his  Holinefs,  that  the  Clergy 
fhould  grant  a  Tenth  for  one  Year,  which  was  done 
accordingly '. 

Another  Confederacy  of  the  Barons  now  flatted  up  The  Barohs  <3e- 
againft  the  Defpenfers,  Father  and  Son,  whofe  Lands  ma"d  that  the 
and  Lordfhips  they  burnt  and  deftroyed  all  over  England.  nvS  up  » 
Thomas  Earl  of  Lancajler  was  alfo  at  the  Head  of  this  them, 
League ;  and   they  had  bound  themfelves  by  certain 
written  Inftruments,  or  Indentures,  topurfue  both  Father 
and  Son  to  Deftrudtion  m.     After  many  lawlefs  DeVa- 
ftations,  in  which  the  Innocent  were  involved  with  the 
Guilty,  they  marched  to  St.  Albarfs,  from  whence  they 
fent  five  Bifhops  n  to  the  King,  '  To  demand,  in  their 

*  Names,  that  the  two  Defpenfers,  Hugh  and  Hugh^  as 
'  Traitors,  fhould  be  banifh'd  from  his  Court  and  King- 

*  dom.'     The  King  anfwered  the  Meffrngers   mildly, 

*  That  Hugh  the  Father  was  beyond  Sea  in  his  Service, 

*  and  Hugh  the  Son  was  at  Sea,  for  the  guarding  the 
'  Cinque-Ports^  according  to  his  Duty;  and   that  ac- 

VOL.  I.  M  «' cording 

1  The  Writ  to  the  Archbiftop  of  Canterbury,  &c.  for  collecting  this 
Subfidy,  is  in  the  Public  Acii  ;  in  the  fame  Writ  is  mentioned  au  Aid  from 
the  Commons  of  an  eighteenth  Part,  and  a  Twelfth  from  the  Cities  and  • 

Boroughs  in  the  K.  ng's  Demefnes.     Feed.  Ang,  Tom.  Hi.  p.  787.  Dated 
at  Tork,  July  20,  Anno  Regni  13. 

«  See  the  Indentures  at  large,  with  the  Names  of  the  principal  Confe- 
derate Lords,  in  Brady  anii  'Tyrrel,  under  the  Year  1310.  Alfo  in  Feed, 
Ang.  Tom.  III.  p.  868,  923. 

n  The  Bifhops  of  London,  Sa/tftury,  Ely,  Hereford,  and  Cbicbefltr,  who 
were  come  to  t'v:  Confederate  Baron:  at  i'r.  Albanf,  to  procure  an  Accom- 
BiocUUon.  Walfivgharn,  p,  114, 


178  The  Parliamentary  HISTORY 

K.  Edward  II.  e,  cording  to  Right  and  Cuftom  they  ought  not  to  bd 

'  banifhed  without  anfwering  for  themfelves.' 
I  i  oo  J  This  Anfwer,  tho'  it  feemed  fo  fair  and  reafonable, 
fays  Tyrrel,  yet  did  but  the  more  enrage  the  angry 
Barons  ;  who,  taking  up  Arms  again,  marehed  dire&ly 
for  London,  where  the  King  then  was,  and  where,  in 
order  to  fettle  thefe  Differences  and  Diforders,  he  had 
called  another  Parliament  to  meet,  July  15,  1321. 

Anho  Reeni  u<      This  Parliament  met  at  Wejlminfter  on  the  Day  ap* 
Z3zi.       'pointed  j  but  the  difeontented  Lords,  tho'  they  v/ere  fo 

At  Weftminfler  near»  came  not  according  to  the  Summons,  but  remained 
ejmmjer,  .^  ^onjon^  m  an  arme(j  Pofture,  in  direct  Defiance  of 
the  King  and  Laws,  for  fifteen  Days  after  the  Parlia- 
ment was  begun,  without  once  appearing  at  it  °.  They 
held  Councils  however  by  themfelves,  and,  without 
ever  confulting  the  King  about  it,  drew  up  a  Sentence, 
or  Judgment,  againft  the  two  Defpenfers,  and  brought 
it  down  to  Wejiminjler^  with  Force  of  Arms,  which, 
the  King  being  in  no  wife  able  to  oppofe,  they  got 
paffed  into  a  Law,  and  inrolled  accordingly.  This  Sen- 
tence, or  Statute,  being  in  the  Line  of  our  Hiftory, 
muft  find  a  Place,  tranflated  from  the  old  French^  as 
follows : 

'  To  the  Honour  of  God  and  Holy  Church,  and  of 
'  our  Lord  the  King,  for  the  Profit  of  him  and  his 
'  Realm,  and  to  maintain  Peace  amongft  his  People,  and 

*  the  Eftate  of  the  Crown,  the  Prelates,  Earls,  Barons, 
'  and  other  Peers  and  Commons  of  the  Realm,  do  mew 

*  againft  Sir  Hugh  Defpenfer,  Father  and  Son,  That 

*  whereas  Sir  Hugh  the  Son,  at  the  Parliament  held  at 
'  York)  was  appointed  to  be  Chamberlain  to  the  King, 
'  in  which  Parliament  it  was  agreed,  That  certain  Pre- 
«  lates  and  other  Great  Men  mould  be  with  the  King 
e  by  Turns,  at  feveral  Seafons  of  the  Year,  the  better 
'  to  advife  him,  without  whom  no  great  Bufinefs  ought 

£  161  ]      «  to  be  done  j  now  the  faid  Sir  Hugh  the  Son,  drawing 

«  to 

•  In  order  to  keep  Peace  Jn  the  City  at  this  Time,  the  Mayor  caufed 
daily  a  Thoufand  Men,  well  armed,  to  watch  in  the  feveral  Wards  and  at 
the  Gates  of  the  City,  which  began  at  Four  o'Clock  in  the  Morning,  and 
fo  continued  till  Six  at  Night.  They  were  then  relieved  by  the  like  Num- 
ber for  the  Night  Watch.  Two  Aldermen  rode  nightly  about  the  City,  at- 
tended \vith  a  Number  of  Officers,  to  fee  the  Watch  well  kept.  The  Gates 
were  fhut  at  Nine  o'clock  and  opened  at  Seven  ;  and  every  Citizen  was 
Ordered  to  have  his  Harnefs  ready  on  the  leaft  Warning,  Ftbians  Cbront 


t)j    ENGLAND.  I79 

to  him  his  Father,  who  was  not  by  Order  of  Parlia-  K,  Edward II, 
ment  to  be  near  the  King,  or  to  be  one  of  thofe  Coun- 
fellors,  between  them  both  have  uftirped  Royal  Power 
over  the  King  and  his  Minifters,  and  the  Government 
of  the  Kingdom,  to  the  Difhonour  of  the  King,  the 
Injury  of  the  Crown,  and  the  Deftruc~Hon  of  the  King- 
dom, Great  Men,  and  People,  and  have  done  the 
Wickednefles  underwritten,  in  contriving  to  turn  the 
Heart  of  the  King  from  the  Peers  of  the  Land,  that  fo 
they  (the  Dtfpenfers)  may  have  the  fole  Government 
thereof. 

«  That  Sir  Hugh  the  Son  made  a  Bill,  or  Writing, 
whereby  he  would  have  had  Sir  John  Gifford  of  Brim- 
mesfield,  Sir  Richard  de  Greye,  and  others,  enter  into  a 
Confederacy,  to  have  forced  the  King  to  do  what  he 
would  have  him,  and  had  almoft  done  it  j  the  Tenor 
of  which  Bill  is  underwritten. 

I.  *  Homage  and  the  Oath  of  Allegiance  is  more  due,  Articles  aga'nft 
by  reafon  of  the  Crown,  than  of  the  Perfon  of  the the  D*fo&nt 
King,  and  is  more  tied  or  fixed  to  the  Crown,  than 
to  the  Perfon  :  And  this  appears ;  for  that  before  the 
State  of  the  Crown  defcends,  there  is  no  Allegiance  due 
to  the  Perfon  expectant ;  wherefore,  if  the  King  does 
not  govern  himfelf  by  Reafon,  according  to  the  Right 
or  Law  of  the  Crown,  his  Lieges  are  then  bound  by 
their  Oath  tal^en  to  the  Crown,  to  remove  the  King, 
and  to  take  Care  of  the  State  of  the  Crown,  by  a  due 
Adminiftration  ;  for  otherwife  that  Oath  could  not  be 
obferved.  Now  if  it  be  demanded,  how  the  King  is 
to  be  dealt  with,  whether  by  Suit  of  Law,  or  by  Ri- 
gour ?  Not  by  the  former ;  for  no  Man  can  be  redref- 
fed  that  Way,  becaufe  he  can  have  no  Judge,  unlefs 
it  be  from  the  King  himfelf;  in  which  Cafe,  if  the 
King  will  not  be  guided  according  10  Reafon,  he  will 
then  be  obftinate  in  his  Error :  Wherefore  he  ought 
to  keep  his  Oath,  and  when  the  King  will  not  relieve 
him,  but  is  outragious,  and  will  do  that  which  is  in-  > 

jurious  to  his  People  in  general,  and  withal  is  preju- 
dicial to  his  Crown,  then  is  it  Time  for  them  to  pro- 
ceed againft  him  with  Rigour  ;  for  he  is  bound  by  his 
Oath  to  govern  his  People  and  his  Lieges  ;  and  they  [ 
are  bound  to  govern  in  Aid  of  him,  in  cafe  of  his  De- 
fault. 

M    2  II.     «   UOr» 


go  T&e  Parliamentary  HISTORY 

, Edward  II.      U.  «  Upon  any  Application  of  the  Great  Men  and" 

*  People  unto  him,  the  King's  Anfwer  ftill  was  accord - 
'  ing  to  the  Pleafure  of  thefc  two,  in  turning  the  King 

*  from  his  Duty  againft  his  Oath,  and  the  Hearts  of  the 
«  Great  Men  and  People  againft  their  Liege  Lord. 

III.  *  By  their  evil  Contrivance,  they  would  not  fuf- 
'  fer  the  Great  Men  of  the  Realm,  nor  good  Counfellora 
'  to  fpeak  with,  or  come  near  the  King  to  advife  him, 

*  nor  the  King  to  fpeak  with  them,  unlefs  in  their  Pre- 

*  fence,  or  in  the  Hearing  of  one  of  them  ;  and  that  too 

*  but  when  they  pleafed  :  Thus  ufurping  Royal  Power 
'  and  Sovereignty  over  the  Perfon  of  the  King,  to  the 
<  great  Difhonour  and  Peril  of  him,  his  Crown,  and 
'  Kingdom. 

IV.  '  To  attain  their  Wickednefs,  Covetoufnefs,  and 

*  to  the-difmheriting  of  the  Great  Men,  and  the  De- 

*  ftru&ion  of  the  People,  they  liad  put  out  good  and 

*  agreeable  Minifters  who  had  been  placed  by  Aflent, 
'  and  put  in  others  falfe  and  wicked,  that  were  of  their 

*  own  Party, -who  would  not  fuffer  Right  to  be  done  ; 

*  as  Sheriffs,  Efcheators,  Conftables  of  Caftles ;   and 

*  made  thofe  Juftices,  who  underftood  not  the  Law,  as 
«  Sir  Hugh  the  Father,  Sir  Ralph  Bajet,  Sir  Ralph  Ca- 

*  motSy  and  Sir  John  Inge,  and  divers  others  their  Friends, 
'  who  caufed,  by  falfe  Jurors  of  their  Alliance,  the 

*  Peers  of  the  Land  to  be  indided  ;  as  the  Earl  of  He- 

*  reford,  the  Lord  Gifford  of  Brimmesfield,  the  Lord 

*  Robert  de  Monthalt,  and  other  good  People,  to  get 

*  their  Lands  from  them. 

V.  «  They  falfly  and  malicioufly  advifed  the  King  to 

*  raife  Arms  againft  his  People  in  Gloucejlerjhire,  con- 

*  trary  to  the  Great  Charter,  and  the  Award  of  the  Peers 
c  of  the  Land ;  and,  by  their  falfe  and  evil  Counfel,  would 
'  have  made  War  in  the  Land,  for  their  own  proper 

*  Quarrel,  to  the  Deftru&ion  of  Holy  Church  and  the 
«  People. 

VI.  c  Whereas  the  Earl  of  Hereford,  and  the  Lord 
e  Mortimer  GilVlgmore,  by  the  King's  Command,  were 

*  affigned  to  make  War  upon  Lewellyn  Bren,  who  had 
{.  l^3  ]     '  levied  War  againft  him  in  Glamorgan/hire,  when  the 

'  Earl  of  Gloucefter's  Lands,  by  reafonof  his  Death,  were 

*  in  the  King's  Hands  ;  this  Lewellyn  had  rendered  him- 
£  felf  into  thofe  Lords  Hands,  to  the  King's  Grace  and 

'  Pleafure, 


^/ENGLAND.  181 

*  Pleafure,  and  upon  that  Condition  was  delivered  to  the  K-.  Ed-ward  llt 
'  King,  who  received  him  accordingly ;  but  when  thefe 

*  Lords  were  out  of  the  Country,  thefe  two  Sir  Hugh^ 

*  the  Father   and  Son,    ufurping  Royal  Power,  took 

*  Lewellyn^  and  carried  him  to  Caerdijf.     After  which, 
'  Sir  Hugh  the  younger  being  feized  thereof,  and  pre- 

*  tending  to  a  Jurifdiclion  where  none  was  in  this  Cafe, 
'  there  caufed  the  faid  Levuellyn  to  be  drawn,  hanged, 
'  beheaded,  and  quartered,  felonioufly,  for  Things  done 

*  in  the  Time  of  King  Henry  ;  and  they  alfo  took  upon 
'  them  Royal  Power  and  Juiifdi&ion,  which  was  ap- 

*  pendant  to  the  Crown,  in  Dimerifon  thereof,  and  to 

*  the  Dishonour  of  the  King,  the  faid  Lords  of  Here- 
'  ford  and  Mortimer ',  and  in  ill  Example  and  great  Peril 

*  in  the  like  Cafe  for  Time  to  come. 

VII.  «  They  ill  advifed  the  King,  to  take  into  his 

*  Hands  the  Lands  and  Goods  of  Sir  Hugh  Dudley  the 

*  Son,  who  was  fore-judged  without  due  Procefs,  con- 

*  trary  to  the  Law  of  the  Land,  by  the  Covetoufnefs  of 

*  the  (aid  Hugh  to  get  fome  of  thofe  Lands  j  and,  by  other 
'  falfe  Pretences,  contrived  to  get  the  Lands  of  Sir  Roger 
'  Dammory,  having  attainted  him  upon  bis  entering  in- 

*  to  Gloucefterjhire^  to  the  Diflieritance  of  the  Peers  of 
'  the  Land. 

VIII.  c  That  whereas  the  King  had  granted  by  his 

*  Letters  Patent  to  the  Earl  of  Warwick^  in  full  Parlia- 
'  ment  at  JVeJlminJlcr^  that,  after  his  Death,  his  Execu- 

*  tors  mould  have  his  Lands,  untill  his  Heir  was  of  full 

*  Age  ;  which  Grant,  after  the  Earl's  Death,  was  con- 
'  firmed  by  the  King  at  Lincoln,  at   the  Requeft  and 
4  Aflcnt  of  the  Peers  of  the  Land  in  Parliament :  Yet 
'  the  faid  Sir  Hugh  the  Father  procured  his  Son  to  caufe 
'  the  King  to  repeal  this  Grant,  without  Caufe ;  and  to 

*  give  the  Guard ianfliip  of  the  faid  Lands  to  the  faid 

*  Hugh  the  Father,  for  his  own  Profit ;  and  alfo  had 

*  defeated,  by  evil  Counlel,  what  the  King  had  granted  in 
'  his  Parliaments,  by  good  Advice,  and  by  Aflent  of  the 

*  Peers  of  the  Land  ;  to  the  Dishonour  of  the  King,  and     [  164  3 

*  aeainft  Right  and  Reafon. 

IX.  *  That  they  would  not  fuffer  the  King  to  take 
c  reafonable  Fines  of  the  Peers  of  the  Land,  and  others, 
'  when  they  entered  upon,  and  received  their  Fees,  as  it 

*  had  been  ufed  before  that  Time ;  but,  by  Covetoufnefs 

M  3  to 


182  *fhe  Parliamentary  HISTORY 

K.Edwardll.  <  to  obtain  fuch  Lands  by  the  Royal  Power,  they  had 
'  caufed  undue  Impeachments  to  be  bi ought,  furmifing 

*  the  Land  to  be  forfeited,  as  were  thofe  of  Sir  John 
'  de  Mo^vbray  and  others,  to  the  Damage  and  Dishonour 

*  of  the  King,  and  contrary  TO  the  Law  of  the  Land,  in 
'  Difhjritance  of  the  Great  Men  and  others  ;  and  alfo 

*  maicing  the  King  do  againft  his  Oath  in  Parliament. 
X.  '  By  wicked  Covetoufnefs,  and  ingrofiingof  Power- 

'  Royal,  they  would  not  fuffer  the  King  to  hear  or  do 
'  Right  to  the  Great  Men,  upon  what  they  prefented  to 

*  him,  on  Behalf  of  himfelf  and  themfelves,  touching 

*  the  Difheriting  the  Crown  and  them,  concerning  the 

*  Lands  which  were  the  Templars :  Alfo,  by  ufurping 

*  Power-Royal,  they  governed  the  King,  his  Council, 
'  and  Prelates  j  fo  that,   in  Matters  concerning  them 
'  and  their  Friends,  or  which  they  undertook,  no  Right 

*  could  be  obtained,  but  according  to  their  Pleafures ;  to 

*  the  Damage  and  Difhonour  of  the  King,  the  Peril  of 

*  his  Oath,   and  Difheritance  and  Defti  uclion  of  the 

*  People  of  his  Realm. 

XI.   '  Bifhops,  Abbots,  and  Priors  Ele&,  who  ought 
c  to  be  received  of  the  King,  when  duly  elected,  could 

*  not  come  near  him,  nor  fpeak  with  him  to  obtain  his 

*  Favour,  untill  they  had  agreed  and  made  Fine  with 

*  Sii  Hugh  the  Son,  according  to  his  Pleafure  ;  nor  thofe 

*  that  had  any  Grant  to  afk  of  the  King,  could  obtain 
>   .               *  it,  before  they  had  made   their  Agreement  or  Fine 

*  with  him. 

'  Which  Wickednefles  being  notorious  and  true,  as  it 

*  is  found  by  the  Examination  of  the  Farls,  Barons,  and 
The  Award  in  '  otnt-r  Peers  of  the  Land  ;  Therefore  nu:  the  Peers  cf  the 
Puifuancethcjer'  Land,  Earis  and  Barons,  in  the  P--- -fence  of  our  Lord 
of'                   *  the  King,  do  awird^  That  Hugh  le  Defpenfer  the  Son^ 

'  and  Hugh  1«  Defpenfer  the  Father,  Jhaii  be  rrijber'ntd  for 

'  ever,  as  Dijhcritors  of  the  Crown  t  c.na  Enemies  to  the 

[  165  ]      «  King  and  his  People  ;  and  Jhall  be  ba^'Jhed  the  Kingdom 

*  of  England,  never  to  return  again,  unlefs  it  be  by  the 

*  AJJent  of  the  King,  and  by  JJJent  of  the  Prelates,  Earls, 

*  and  Barons  in  Parliament  duly  jummoried;  and  to  quit 

*  the  Realm  bttwt  -r.  tne  Time  of  'he  Date  of  this  Sta- 

*  tute,  and  the  Feaft  oi  the  Decollation  of  St.  John  Bap- 
'  tijl  (or  nine-?nd- twentieth  of  Augufl)  next  coming; 
5  and  if  found  in  England  after  the  Day,  or  if  they  return 


of   ENGLAND.  183 

c  after  that  Day,  then  to  be  dealt  with  as  Enemies  of K.  EJwr4 n. 
'  the  King  and  Kingdom.' 

This,  in  the  printed  Copy  of  Old  Statutes,  is  called 
the  Banifhment  of  Hugh  Defpenfer,  Father  and  Son. 
Yet  it  is  remarkable  that  thefe  Articles  were  admitted 
and  taken  for  granted,  without  any  direct  Proof,  as  the 
Manner  then  was  to  proceed  in  Parliament. 

After  this  Sentence  was  publickly  read  and  agreed  to, 
the  Confederate  Lords  had  yet  another  Game~to  play, 
which  the  fame  Force  would  ealily  carry  them  through. 
They  bethought  themfelves  that  it  was  neceflary  to  have 
fome  Security  for  what  they  had  done  ;  and,  in  order  to 
it,  they  addrefled  a  Kind  of  Petition,  or  rather  a  Re- 
monftrance,  to  the  King,  fetting  forth,  «  That  the  two 
'  Defpenfers,  ufurping  Royal  Power,  and  having  the 

*  King  and  his  Minifters,  and  the  Direction  of  the  Law, 

*  at  their  Devotion,  or  in  their  Power,  the  Great  Men 

*  of  the  Land  made  a  Confederacy  by  Oath,  Writing, 
'  and  in  other  Manner,  without  the  King's  Leave;  and 

*  then  they  and  others,  with  Horfe  and  Arms  P,  had 
'  march'd  againft  them,  and  took  and  feiz'd  divers  Caftles, 
'  Towns,  Manors,  Lands,  Tenements,  Goods,  and 
'  Chattels  of  the  King's  Liege  Subjects  ;  and  fome  of 
'  them  they  took  and  imprifoned,  and  others  they  ran- 
«  fomed,  and  fome  they  killed,  and  did   many  other 

*  Things,  in  deftroying  the  faid  Hugh  and  Hugh,  and 
'  their  Allies  and  others  in  England,  Wales,  and  the 

*  Marches,  of  which  fome  may  be  called  Felonies;  which 

'  Things  having  been  fo  done  by  Neceffity,  ought  not     [  x^6  J 

*  to  be  taken  Notice  of,  nor  punifhed  by  Law  ;  nor  can 
'  be  without  great  Trouble  or  Hazard  of  War.     The 
'  Barons  therefore  pray  the  King,  for  Peace -Sake,  for 
c  the   afluaging  of  Anger   and  Rancour,  and  making 

*  Uniry  in  the  Land  ;  and  that  he  may  more  intirely 
«  have'the  Hearts  and  Good- Will  of  his  People,  to  de- 
'  fend  his  own  Countries,  and  offend  his  Enemies ;  that 

*  it  might  be  accorded,  and  afTented  to  in  full  Parlia- 

*  ment,  by  the  King,  Prelates,  Earls,  Barons,  and  Com- 
'  mons;  that  no  Great  Men  of  the  Realm,  Prelate, 

*  Earl,  Baron,  Knight,  Clerk,  orEfquire,  for  the  Con- 

federacy 

p  The  Confederate  Lords  came  to  this  Parliament,  they  and  their  Re- 
tinue, clad  in  odd  Party-colouied  Habits,  Yellow  and  Green,  with  a  white 
Band  a-crcfs  their  Breath  ;  for  which  Reafon  this  Parliament  was  called, 
long  after,  Tiie  fur.'.umint  ofK'bitt  Bands,  Fabians  a»;d  Ilellir.^ 


jg^  The  TarUamcntary  HISTORY 

K, Edward II.  e  federacy  made  by  Oath,  Writing,  or  in  other  Manner; 

*  or  for  riding  with  the  King's  or  other  Banners  difplay'd ; 
'  nor  for  the  taking  or  detaining  of  any  Caftles,  Towns, 

*  Manors,"  Lands,  Tenements,  Goods,  or   Chattels ; 

*  the  feizing,  imprifoning,  and   ranloming  the  King's 

*  Liege  People  j  or  for  killing  of  Men,  and  other  Rob- 

*  beries,  Felonies,  or  other  Things  done  againft  the 
'  King's  Peace,  which  may  be  judged  Trefpafles  or  Fe- 
«  Ionics,  from  the  Beginning  of  the  World  to  that  Day  ; 

*  nor  that  any  People,  of  what  Condition  foever  they 
<  were,  for  the  Trefpafles  and  Felonies  aforefaid,  com- 

*  mitted  fmce  Candlemas  laft  paft,  to  that  Day,  fhould 

*  be  impeached,  grieved,  or  molefted  at  the  Suit  of  the 

*  King,  or  any  other  :    But  of  all  fuch  Things,  by  this 

*  Statute  and  Accord,  fliould  be  quit  for  ever ;  faving  to 

*  every  one,  except  the  faid  Hugh  and  Hugh,  their  Right 

*  to  demand  and  recover  their  Frank- Tenement  and 

*  their  Right,  without  Punifhment  from  the  King,  or 

*  giving  Damages  to  the  Party.    And  alfo  that  it  might 

*  be  granted  by  the  King  in  the  faid  Parliament,  That 

*  if  any  Earl,  Baron,  or  any  Great  Men,  for  themfelves 

*  or  others,  whom  they  (hall  name  to  the  Chancellor 

*  between  this  and  St.  Michael  next  coming,  will  have 

*  the  King's  Pardon  for  Suit  of  Procefs  of  the  Peace,  or 

*  what  pertains  to  him,  of  all  Manner  of  Felonies  and 

*  TrefpaJTes  done  contrary  to  the  Peace  ;  or  of  any  Dif- 
e  obediences,  Contempt?,  Confpiracies,  Confederations, 

•    '  Privy  Covenants,  and  Obligations  made  againft  the 

*  King,  they  fhall  have  their  feve.  al  Charters  of  Pardon, 

*  under  the  Great  Seal,  without  paying  any  Fees  in  the 
[  167  ]      <  Chancery:  And  that  all  fuch  W'itings  to  the  contrary, 

'  wherever  found,  ihall  he  null  and  void.' 

After  this  follows  the  Form  of  the  Charter  of  Pardon 
that  was  taken  out  by  t  tie  Er."I  of  Hereford  n  and  the  reft 
of  the  Barons  and  Great  Men,  who  had  been  Confede- 
rates in  this  violent  Undo*  caking.  It  bears  Date  at  Weft- 
minfter  the  20th  of  Augujl^  in  the  I5th  Year  of  this 
Reign. 

When  all  thefe  Things  were  tranfa&ed  in  Parliament, 

and  the  Confederate  Barons  had  got  their  Charters  of 

•     Pardons  in  their  Pockets,  they  bioke  up  and  returned 

home, 

*  Hutnpkrj  de  Babum 


of    E  N  G  L  A  N  D. 

home  *.  Yet,  upon  better  Confideration,  they  were  not 
mighty  well  fatisfied  with  what  they  had  done ;  and 
fearing  that  they  had  provoked  the  King  beyond  all  Fof- 
fibility  of  a  thorough  Reconciliation,  they  kept  always 
arm'd,  and  never  trufted  themfelves  but  in  fecure  Places; 
which,  fays  Tyrrel^  are  the  ufual  Confequences  of  unjuft 
and  violent  Attions.  But,  not  long  after,  there  hap- 
pened an  Accident  which  proved  of  fatal  Confequence 
to  the  Barons'  Party,  and  gave  the  King  an  Opportu- 
nity to  recall  the  Defpenfers^  the  elder  of  whom  con- 
tinued ftill  abroad  ;  but  the  younger  lay  for  fome  Time 
concealed  in  England,  yet  afterwards  went  to  Sea  and 
turned  Pirate,  robbing  whatever  Englijh  Merchants  he 
could  meet  with. The  Affair  was  thus : 

Queen  Ifabel,  whqm  all  Authors  allow  to  be  the  chief 
Promoter  of  Peace  and  good  Harmony  between  the 
King  and  his  Barons,  intended  to  make  a  Progrefs  to 
Canterbury;  and  in  her  Journey  thither  purpofed  to 
lodge  at  Ledes  Caftle,  in  Kentt  over  which  Bartholomew 
de  Badlefmore  had,  by  the  King,  been  made  Governor  ?. 
This  Man  was  a  rich  and  potent  Baron,  and  one  of  the 
Confederacy;  and  when  the  Queen's  Marfhal  came  to 
the  Caftle  to  provide  Lodgings  for  her,  he  was  flatly  de- 
nied Admittance,  with  this  faucy  Anfwer,  «  That  they 
'  would  not  fuffer  the  Queen,  or  any  other,  to-enter  there 
'  withoutCommand,  or  Letter,  from  the  Lord  of  it.'  She 
after  came  herfelf  and  demanded  Entrance  into  the  Caftle, 
and  was  ftill  denied,  by  which  (he  was  forced  to  feek 
Lodgings  elfewhere.  At  her  Return  to  the  King  fhe 
complained  to  him  of  the  Affront  offered  to  her;  which 
moved  him  to  a  great  Degree,  infornuch  that  he  raifed 
Forces  immediately,  went  down  to  Ledes  Caftle,  befieged 
and  took  it,  and  hang'd  up  the  Deputy-Governor  of  it, 
with  many  of  the  Garrifon,  upon  the  Spot. 

This  Digreflion  is  thought  neceffary,  to  give  our 
Readers  a  View  of  the  Rife  of  the  inteftine  Troubles 

which 

o  This  is  the  only  Parliament  which  Ryley  has  given  the  Proceedings  of 
in  this  King's  Reign.  Here  are  a  great  many  Petitions  on  private  Affairs, 
and  the  Petitioners  were  obliged  to  deliver  them  to  Commifiioners  ap- 
pointed for  that  Purpofe.  Ry  fry's  Placita  Parliamentaria,  p.  386,  ©V. 

P  He  had  been  a  long  Time  Ste%vard  of  the  King's  HouflioSd,  and,  foe 
his  Services,  the  King  gave  him  this  Caftle  in  Fee  ;  and  he  had  been  fent 
by  the  King  to  the  Barons,  to  defire  they  would  defift  from  their  outra- 
gious  Proceedings  agairift  the  Deffenferi,  w)wm  he  bafcly  deicrtcd  and 
joined  with  the  Barons.  Idtm, 


i  86 


The  Parliamentary  HISTORY 


If.,  Ed-ward II.  which  followed.  The  Barons,  being  provoked  at  this 
Step  of  the  King's,  refolved  to  revenge  it,  which  the 
King  was  as  ready  to  vindicate  :  And  then  followed  the 
Civil  Wars  between  them,  which  all  our  Hiftorians  have 
fufficiently  defcribed,  and  are  foreign  to  our  Purpofe. 
The  Earl  of  Lancajler  was  taken  Prifoner  at  the  Battle 
of  Biroughbridge,  brought  before  the  King  and  feveral 
of  the  Nobility  at  his  own  Caitle  of  Pontfrete ;  when. 
Articles  of  High  Treafon,  for  divers  heinous  Crimes, 
were  exhibited  againft  him  q,  and  he  adjudged,  by  thofe 
Peers,  to  die  the  Death  of  a  Traitor.  The  King,  by 
reafon  of  Proximity  in  Blood,  remitted  the  drawing  and 
hanging,  and  he  was  beheaded  on  a  Hill  near  Pontfrete^ 
March  25,  1322  r.  With  this  Earl  fell  many  of  the 
Confederate  Barons,  taken  at  the  farrie  Time,  who  were 
executed  in  feveral  Parts  of  the  Kingdom  ;  amongft 
whom  was  Bartholomew  de  Badlefmore,  the  Author  of  all 
this  Mifchief. 


[169] 


Anno  Regn 


At  York. 


i  15.  The  King  being  at  Derby,  juft  before  the  Defeat  of 
the  Barons'  Army,  iflued  his  Summons  tor  a  Parliament, 
dated  from  the  fame  Place,  March  14,  in  the  I5th  Year 
of  his  Reign,  to  be  holden  at  York  s.  They  met  in  that 
City,  according  to  Summons,  three  Weeks  after  Eajler\ 
when,  upon  the  Petitions  of  the  Defpenfers,  Father  and 

Son, 

q  See  the  Articles  at  Length  in  Tyrrel,  p.  289,  &c.  Fted.  Ang. 
Tom.  111.  p.  936 

r  They  canftd  him  firft  to  turn  his  Face  towards  Scotland,  for  the  greater 
Odium,  whilft  a  Villain  of  London  cut  oft"  his  Head.  Leland,  Itin. 
Ed.  Hearne. 

His  Attainder  was  revoked  in  Parliament  in  the  fucceeding  Reign,  on 
the  Petition  of  H<nry  E.i.l  ofLancajier,  his  Brother  and  Heir.     The  Hill 
on  the  North-Eaft  Side  of  the  old  Town  of  Pontfrete  is  called  St.  Thomas' t 
Hill  at  this  Day.     His  Body  was  buried  in  the  Priorv  Church  there,  which 
is  now  the  old  decayed  Parifli-Church,  on  the  Right  Hand  of  the  High  Al- 
tar, and  many  Miracles  were  reported  to  be  done  at  his  Tomb.     Dr.  Brady 
has  printed  aji  old  Legend  of  them.      Mr.  Tyrrel  beftows  a  whole  Pige  en 
the  Truth  of  thefe  Miracles,  and  concludes  thus,   '  I  have  no  more  to  fay 
concerning  the  intended  Sainting  of  this  great  Nobleman,  but  that  the 
People  of  Er.gland,  when  excited  by  the  Monks,  have  been  very  prone  to 
count  thofe  tor  Saints  whom  they  fuppofed  laid  dfian  their  Lives  in  the 
Defence  of  tbe  Liberties  of  the  Church  and  Nation  ;  as  appeal  s  by  the  H'.mns 
and  Prayers  that  were  addreHed  to  Simon  Montfort,  Earl  of  Leicejlcr,  men- 
tioned  in  the  Reign  of  Henry  III.' 

s  The  King's  Writ  to  the  Earl  of  Arvn&elc,  Chief  Juftice  of  Waltt, 
•ommanding  him  to  fend  24  Members  from  Soutb-fPalet,  and  as  many 
from  Norrb-ffraletf  to  this  Parliament  at  York,  is  in  Rjlefs  Piac,  Pail, 
<#,»•  P-.57°- 


of   ENGLAND.  187 

Son,  to  the  King,  the  Procefs  and  Judgment  againft  K,£dw»rfU, 

them,  for  their  Difheritance  and  Exile,  were  brought 

into  Parliament ;  and,  upon  fhewing  divers  Errors  in 

them  %    were   revoked    and    made   null.      All    which 

Procefs  and  the  Statute  made  thereupon,  being  ftill  on 

the  Rolls  in   the  Tower,   are  tranflated   at  large  by 

Dr.  Brady,  '  Becaufe,  fays  he,  they  contain  fome  of  the 

*  Hiftory  and  much  of  the  Practice  and  Manner  of  Great 
'  Men's  living  in  thofe  Days.'     As  we  have  given  the 
Articles  exhibited  againft  the  Defpenfers,  it  would  be 
inconfiftent  with  the  Impartiality  we  profefs,  to  omit  the 
Statute  for  revoking  their  Sentence  of  Banifhment;  fince 
it  may  juftly  ftand  as  a  Summary  of  the  Defence  they 
were  not  allowed  to  make  at  the  Time  of  their  Accu- 
fation. 

This  Statute  of  Revocation  firft  relates  to  Hugh  the 
Son,  and  begins  with  the  Recital  of  the  Sentence  or 
Award  made  at  a  Parliament,  held  three  Weeks  after 
Midfummer  laft  paft,  againft  the  faid  Defpenfers,  Father 
and  Son ;  as  alfo  a  Petition  which  the  Son  had  fome 
Time  before  given  to  the  King,  {hewing,  'That  while The Petition  of 
'  he  was  in  his  Service,  as  his  Chamberlain,  the  Lords  the  two  Deffen- 
«  Mortimers,  Uncle  and  Nephew,  with  divers  Barons^  ^nft  tho 

*  there  named,  rnade  a  Confederacy  by  Oath  and  Wri- 
'  ting,   to  purfue  and  deftroy  him  :  By  virtue  of  which 

e  they,  with  their  Retinues,  confifting  of  800  Men  at     L  T7°  J 

*  Arms,  500  Hoblers,  or  Light  Horfe,  and  10,000  Foot, 
(  came  to  Newport,  in  Wales,  and  from  thence  marched 
'  forwards  to  take  his  Towns  and  Caftles;  and  entering 
'  upon  his  Lands,  they  killed  Part  of  his  Tenants,  or 
'  People,  fome  of  which  were  Knights,  therein  named, 

*  befides  others  of  the  fame  Degree,  who  were  made 

*  Prifoners  ;  and  they  took  and  carried  away  his  Goods 
'  and  Chattels.     Then  it  proceeds  to  recount  every 

*  Thing  in  particular  j  as  how  much  Provifions  of  all 

*  Sorts,  what  liorfes,  Armour,  and  other  Things,  were 

*  loft ;  as  alfo  how  many  Oxen,  Cows,  and  Sheep,  to 
'  a  vaft  Quantity,  they  then  plunder'd  and  carried  away; 
'  together  with  the  Lofs  of  his  Charters,  Writings,  and 

*  ready  Money ;  as  alfo  the  burning  his  Granges,  de- 

*  ftroying 

t  One  Reafon  afilgned  for  the  reverfing  them  was,  that  none  of  the  , 

Bifliops  aftented  to  the  Award  of  Kanifliment  j  but  entered  into  a  Frotena* 
tion  againft  it.  Collier's  Ecclff.  Hijl.  J>.  $26.  Fiona  clauf.  15  Ed-Uf.  IT, 
mi  14.  dorlb, 


1 88 


The  Parliamentary  HISTORY 


K.Ed-«ardil,  f  ftroying  his  Crop  upon  the  Ground,  feizing  of  his 
«  Rents  and  Debts,  and  difparking  his  Parks;  all  which 
«  Damages,  as  appeared  by  cafting  up  the  Particulars 
«  therein  mentioned,  amounted  to  the  Sum  of  near 

*  20,000/. 

Then  it  further  recites,  «  That  they,  the  faid  Earls 

*  and  Barons,  with  all  their  Force  and  Power,  came  to 
'  the  Parliament  at  Weftminjler ;  and  there,  upon  falfe 
'  Accufations,  without  calling  the  faid  Hugh  to  anfwer, 

*  againft  all  Manner  of  Right  and  Reafon,  and  againft 

*  the  Law  of  the"  Land,  erroneoufly  awarded  him  to  be 

*  difmherited,  and  exiled  England:  Wherefore  he  prays 
'  the  King,  as  he  is  bound  by  Right  of  his  Crown,  and 

*  by  the  Oath  he  made  at  his  Coronation  to  maintain 

*  all  People  in  their  Rights,  that  he  would  pleafe  to 

*  caufe  to  be  brought  before  him  the  Procefs  of  the 

*  Award  made  againft  him,  that  it  may  be  examined ; 

*  and  that  the  faid  Hugh  may  be  admitted  to  fliew  the 

*  Errors  in  it,  and  if  there  mail  be  any  found,  he  would 

*  pleafe  to  repeal  and  redrefs  them ;  with  a  Proteftation 

*  that  he  will  be  hereafter  ready  to  anfwer  any  Com- 

*  plaint  according  to  Reafon.' 

Next  it  proceeds  to  mew  the  Errors  of  the  faid  Pro- 
cefs, as, 

I.  '  That  the  Great  Men  who  purfued  and  deftroy'd 
him,  prayed  Pardon  of  the  King  for  all  thofe  Things 
which  might  be  judged  Felonies  or  Trefpafles  in  that 

171  ]         Purfuit,  which  they  made  by  their  own  Authority;  by 
'  which  they  wrongfully  made  themfelves  Judges  of  him, 
where  they  could  not,  nor  ought  to  be  Judges. 

II.  '  That  the  faid  Hugh  was  not  called  into  Court, 
to  anfwer  when  the  Award  was  made ;  alfo,  that  the 
Sentence  was  given  without  the  Afient  of  the  Prelates, 
who  were  Peers  in  Parliament. 

III.  '  That  there  was  no  Record  of  their  Purfuit,  or 
the  Caufes  contained   in  the  Award  ;  alfo,  that  the 
Award  was  made  againft  the  Form  of  the  Great  Char- 
ter ;  wherein  is  contained,  That  no  Man  Jhall  be  fore- 
judged, nor  in  other  Manner  deftroyed,   unlefs  by  Judg- 
ment of  his  Peers,  or  by  the  Law  of  the  Land. 

Then  he  requefts  the  King  to  take  Notice,  '  That 

*  the  Great  Men  were  fummoned  to  come  duly  to  the 


^/ENGLAND.  18 

'Parliament,  yet  did  not;  but  came  with  Horfe  and  K.  Edward  II. 

*  Arms,  and  all  their  Force  :  After  which  he  the  faid 

*  Hugh  came  in,  and  furrendered  himfelf  Prifoner  to  the 
'  King,  praying  to  be  received  into  his  Protection,  to 
«  profecute  his  Complaint,  and  that  Right  might  be  done 

*  him  in  thefe  Matters  :  That  the  King  received  him  as 
'  he  ought  to  do  ;  and  caufed  his  Petition  to  be  carried 
'  to  the  Archbifhop  of  Canterbury,  the  Bifhops,  and 

*  other  Prelates  and  Clergy  in  the  Province  oiCanterbury^ 
'  then  being  in  a  Provincial  Council  at  London,  charging 

*  them  by  the  Faith  they  owed  to  him,  to  advife  about 
«  the  Petition,  and  let  him  know  their  Thoughts  con- 
'  cerning  it.    And  when  they  had  well  advifed  thereup- 
<  on,  they  anfwered,  That  it  feemed  to  them,  that  the 
'  Procefs  and  Award  of  the  Exile  and  Difmheritance  of 
'  Hugh  the  Son  and  Father,  were  erroneous  and  wrong- 
«  fully  made  ;  wherefore  they  agreed,  and  unanimoufly 

*  aflented,  as  Peers  of  the  Land,  and  prayed  as  Peers 

*  Spiritual,  that  the  Award  which  was  made  wickedly 
'  and  wrongfully  againft  God  and  all  Manner  of  Right, 
'  might  be  by  the  King  repealed  and  annulled  for  ever. 

*  And  they  faid  further,  That  they,  nor  any  of  them, 

*  ever  aflented  to  the  faid  Award  :  But  that  every  one 
'  of  them,  at  the  Time  when  the  Award  was  made,  did 

*  make  Proteftation  in  Writing,  that  they  could  not, 
'  nor  would,  aflent  to  it  for  feveral  Reafons.     And  the 

'  Earl  of  Kent,  the  faid  King's  Brother,  the  Earls  of     [  172  3 

*  Richmond,  Pembroke,  and  Arundele,  with  the  Prelates, 

*  being  before  the  King,  faid  the  Award  was  wrongful, 

*  and  againft  Law  and  Right;  and  prayed  him,  as  the  Pre- 

*  lates  had  done  before,  to  null  and  make  void  the  Award : 

*  And  the  faid  Earls  affirmed, That,  for  Fear  of  the  Force, 
4  which  the  Great  Men  fuddenly  brought  to  the  Parlia- 
'  liament,  in  order  to  make  the  Award,  which  was  to 

*  them  unknown  and  unexpected,  they  gave  their  Aflent 
'  to  it,  and  alfo  advifed  the  King  to  fufter  it  to  pafs  ; 
'  for  which  Offence  and  Miftake  they  prayed  his  Par- 
«  don.' 

We  have  been  the  more  particular  in  the  Recital  of 
thefe  Proceedings  mention'd  in  this  Statute,  becaufe  they 
do  not  only  ferve  to  confirm  what  our  Hiftorians  have 
related  concerning  thefe  Matters  ;  but  may  alfo  inform 
fuch  as  are  curious  in  the  antient  Proceedings  of  Parlia- 
ment, 


I  go  <The  Parliamentary  HISTORV 

K.  Edward  II.  ment,  as  to  what  was  then  looked  upon  lufficient  to  ren<» 
der  any  Procefs  begun  there  erroneous. 

Then  immediately  follows,  in  the  fame  Record,  a  like 
Petition  deliver'd  in  Parliament  by  Hugh  le  Dtfpenfir  the 
Father,  being  to  the  fame  Effect  with  that  of  his  Son's  ; 
fetting  forth,  '  That  the  fame  Great  Men  before  named, 
'  and  other  Adherents  and  Confederates,  with  Force  and 

*  Arms,  on  the  Day  of  St.  Barnaby,  in  the  fourteenth 

*  Year  of  the  King,  came  to  his  Manor  of  Fa/tern,  in 

*  Wiltjhire^  and  twelve  others  in  that  Shire,  and  in  other* 

*  Counties,  viz.  Six  in  the  County  of  Gloucejler,  four  in 

*  Dorfetjhire,  five  in  Hampjhire,  two  in  Bcrkjbtre$  fix 

*  in  Oxford/hire,  three  in  Buckingham/hire^  four  in  Sur- 

*  reyt  one  in  Cambridgejhire,  two   in  Huntingdon Jhire± 

*  five  in  Leictfttrjbirf)  one  in  Yorkjhire^  one  in  Lincoln-- 

*  Jhire^  five  in  Chejhire^  and  five  in  Warwickjkire  ;  in  all 

*  Sixty-three  Manors  there  named  ;'  [which  (hews  the 
vaft  Eftates   the   two  Lords  DefpenJ'ers  had    in  thofc 
Days].     But   as  for  the  Deftruction  and  Havock  the 
Barons  made  upon  the  Lands  of  Hugh  the  Father,  they 
were  much  to  the  fame  Effect  with  thofe  that  were 
done  to  the  Son,  only  greater  j  as  *  the  driving  away  of 
8  28,000  Sheep,  22,OOO  Oxen,  Heifers,  and  Cows,  be- 

C  !73  ]     '  ^es  ^e  foiling  of  two  Crops,  one  in  the  Barn,  and 
4  the  other  upon  the  Ground  ;  the  taking  away  above 

*  600  Horfes  and  Mares,  befides  a  vaft  Quantity  of  Pro- 
4  vifions  of  all  Sorts,  and  Armour  for  200  Men  ;    and 
'  the  Deftrudlion  of  his  Houfes  and  Goods  to  the  Value 
'  of  above  30,000  /.  as  alfo  the  taking  away  out  of  the 
'  King's  Caftle  at  Marlbcrough^  36  Sacks  of  Wool,  a 

*  Chalice  and  Crofs  of  Gold,  divers  rich  Veftments  and 

*  other  Ornaments  belonging  to  the  Chapel ;  befides 

*  other  Goods  and  Furniture,  to  the  Damage  of  5000 L 

*  more.' 

This  may  fuffice  to  give  the  Reader  a  true  Notion  of 
the  great  Power  and  Riches  of  the  Englifli  Barons  in 
thofc  Days,,  as  alfo  of  their  antient  Manner  of  Living, 
and  the  Reafons  why  they  were  then  able  to  keep  fuch 
great  Hofpitality,  fince  they  manag'd  their  Eftates  or 
Demefnes  by  the  Stewards  or  Bailiffs  of  their  Manors^ 
who  fold  or  fpent  the  Live- Stock  and  Hufbandry  upon 
them,  as  wasmoft  for  their  Lords  Advantage  ;  there  be- 
ing then  few  or  no  Farmers  or  Hulbandmen  able  to  take 

Leafes 


cf 


E  N  G  L  A  N  D, 


Lcafes  of  Lands  for  Years,  much  lefs  at  a  Rack-Rent, 
paying  a  yearly  Sum  of  Money  for  them,  as  is  pra&ifed 
at  this  Day. 

Then,  excepting  the  Difference  of  the  LoflTes  fet 
forth  in  the  Father's  Petition,  being  of  much  greater 
Value  than  thofe  of  the  Son's,  the  Conclufion  of  it  is 
alike  Word  for  Word  i  and  the  fame  Errors  are  aflign'd 
as  in  the  former  Procefs  or  Award,  with  a  like  Recital 
of  Hugh  the  Father's  rendering  himfelf  Prifoner  to  the 
King,  and  being  alfo  received  into  his  Protection. 

Next  follows  the  King's  Judgment  in  this  Form, 
c  We  afterwards,  at  our  Parliament  held  at  York  three  The  Procefs  nn4 

*  Weeks  after  Eajler\  in  the  fifteenth  Year  of  our  Reign,  Award  againft 

«  caufed  to  come  before  us  the  Procefs  of  the  Award  ;  as  ^^7™^  by 

*  alfo  the  Petition  of  the  faid  Hugh  the  Son,  and  Hugh  Parliament? 

*  the  Father,  in  thefe  Words  ;  To  the  Honour  of  God, 
«  and  Holy  Church,  fcfV.    At  which  Parliament  at  York* 
K  the  faid  Hugh  the  Son,  and  Hugh  the  Father  being 

*  brought  before  us  in  Court,  profecuted  their  Com- 

*  plaints,  and  prayed  us  to  do  them  Right  ;    when  the 

6  faid  Hugh  the  Son,  for  himfelf,  alledged  the  Errors  in      [  174  J 

*  the  Procefs,  as  aforefaid  ;  and  alfo  Hugh  the  Father 

*  alledged  the  fame  Errors,  and  prayed  feverally  ancj 

*  jointly,  that  as  the  Award  was  made  erroneoufly  and 

*  wrongfully,  againft  the  Laws  and  Ufages  of  the  Realm, 

*  and  againft  Common  Right  and  Reafon,  that  we  would 

*  annul  and  defeat  the  faid  Award,  and  that  they,  the 

*  Complainants,  might  be  remitted  and  reconciled  to 

*  our  Faith,  and  to  fuch  Eftate  as  they  had,  and  were 

*  in,  before  the  Awards.     And  hereupon  hearing  the 
6  Reafons  of  the  faid  Hugh  and  Hugh,  we  caufed  the 
c  Procefs  to  be  examined  in  full  Parliament,  in  the  Pre- 
'  fence   of  the    Prelates,    Earls,    Barons,    Knights    of 
c  Counties,  and  the  People  that  were  come  by  Reafon 

*  of  the  Parliament  ;  and  we  found  the  faid  Award  was 

*  made  without  calling  them  to  anfwer,  and  without  the 
c  Aflentofthe  Prelates,  who  are  Peers  of  the  Realm  in 

*  Parliament,    and   againft  the  Great  Charter  of  the 

*  Franchifes  in  England  ;  which  fays,  No  Freeman  jhall 

*  be  banijhed^  or  otheruiife  defrayed^  but  by  lawful  "Jud*- 
'  ment  of  his  Peers  ,  or  the  Law  of  the  Land',  and  for 

*  that  they  were  not  called  in  Court,  to  make  Anfwer, 

*  &V.  for  thefe  Errors,  and  for  that  the  Caufes  of  the 

faid 


192  The  Parliamentary  HISTORY 

K.  Edward  II.  '  faid  Award  were  not  duly  proved  :  As  alfo  having  Re» 

*  gard  to  this,  that  we  caufed  the  Parliament  at  Weft- 

*  minfter  to  be  fummoned  in  due  Manner,  and  com- 

*  manded  by  our  Writs  the  faid  Great  Men,  who  made 

*  the  faid  Award,  not  to  make  Ailemblies  and  Alliances, 

*  or  come  wich  armed  Men,  yet  they  came  with  all  their 

*  Force  to  that  Parliament,  notwithftanding  our  Com- 
'  mand;  and  when  they  came  to  London  in  that  Manner, 
c  tney  held  their  Councils  and  Airemblies  without  coming 
4  to  us  at  Wejlmlnjler  according  to  Summons ;  and  when 

*  we  fent  to  them  to  come  to  the  Parliament  at  Wejlmin- 

*  fler,  as  they  ought,  they  would  not  come,  nor  let  us 
'  know  their  Mind,  nor  theCaufe  of  the  Award,  tho'  we 
'  had  begun  and  held  the  Parliament  for  fifteen  Days  and 
'  more,  and  caufed  to  come  before  us  the  Prelates,  and 

*  fome  Earls  and  Barons,  Knights  of  Counties,  and  others, 

*  who  came  for  the  Commons  of  the  Realm ;  and  caufed 

*  it  to  be  publiflied,  that  thofe  that  had  Petitions  to  pro- 
t  i/S  3     c  mote,  fhould  deliver  them  :  And,  after  Proclamation 

'  thus  made,  no  Petition  was  delivered,  or  Complaint 
'  made  againft  the  faid  Hugh  and  Hugh,  untill  they, 

*  the  Barons,  came  as  aforefaid  j  and  the  Contrivance  of 
'  the  faid  Award  they  wholly  conceal'd  and  kept  from 

*  us,  unto  the  very  Hour  they  came  to  Wejlmlnfter,  with 

*  Force  and  Arms,  and  made  their  Award  againft  Rea- 
4  fon,  as  a  Thing  treated  and  agreed  onamongft  them- 
4  felves,  by  their  own  Authority,  in  our  Abfence  ;  en- 
4  croaching  upon   the  Regal  Power,  Jurifdi&ion   and 
4  Connufance,  and  Judgment  of  thofe  Things  which  be- 
4  long  to  our  Royal  Dignity  :  Wherefore  we  could  not 
«  at  that  Time  flop  the  faid  Award,  nor  do  Right  to  the 

*  faid  Hugh  and  Hugh,  as  it  belonged  to  us.  And  further 

*  taking  Notice,  that  thofe  Great  Men,  after  the  Award 

*  made,  prayed  our  Pardon  and  Releafe  for  confedera- 
'  ting  themfelves  by  Oath,  Writing,  or  in  other  Manner, 

*  without  our  Leave ;  in  purfuing  the  Defpenfers,  and 
4  marching  with  our  Banners,  and  their  own  Enfigns 

*  difplay'd  ;  and  taking  and  pofieffing  Caftles,  Towns, 
4  Manors,  Lands,  Tenements,  Goods,   and  Chattels  ; 
4  and  alfo  taking  and  imprifoning  People  of  our  Alle- 

*  giance,  and  others  ;  fome  they  wounded,  and  fome 
4  they  killed,  and  many  other  Things  they  did  in  order 
'  to  deftroy  the  faid  Hugh  and  Hught  in  England,  IV ales ^ 

and 


^ENGLAND.  193 

*  and  other  where;  of  which  fome  might  be  called  Tref-  K,  Edward  a. 
«  pafles,  and  others  Felonies.     Alfo  it  appear'd,  that 

'  thofe  Great  Men  were  Enemies  to,  and  hated  them  at 

*  the  Time  of  the  Award,  and  before ;  wherefore  they 

*  ought  not  to  be  iheirjudges,  in  their  own  Profecution 
'  of  them,  nor  have  Record  upon  the  Caufes  of  the  faid 

*  Award.     And  we  are  bound  by  Oath  made  at  our 

*  Coronation,  and  obliged  to  do  Right  to  all  our  Sub- 

*  jecls,  and    to  redrefs  and   caufe  to  be  amended  all 

*  Wrongs  done  to   them,  when  we  are  required,  ac- 

*  cording  to  the  Great  Charter,  by  which  we  are  not  to 

*  fell  or  delay  Right  and  Jujlice  to  any  one :  And,  at  the 

*  prefling  Advice  and  Requeft  of  the  Prelates,  given  us 

*  for  the  Safety  of  our  Soul,  and  to  avoid  Danger,  and 
'  to  take  away  an  evil  Example  for  the  Time  to  come^ 
'  of  fuch  Undertakings  and  Judgments  in  the  like  Cafe, 

'  againft  Reafon :  Wherefore  we  feeing  and  knowing     r  j7g  i 
«  the   faid  Procefs  and  Award,   made  in  the  Manner  J 

*  aforefaid,  to  be  as  well  to  the  Prejudice  of  us,  the 
'  Blemifli  of  our  Crown  and  Royal  Dignity,  againft  us 
'  and  our  Heirs,  as  againft  the  faid  Hugh  and  Hugh,  and 
1  for  other  reafonable  Caufes  ;   we,  by  our  Royal  Power, 

*  in  a  full  Parliament  at  York,  by  the  Advice  and  AJ/ent 
'  of  the  Prelates,  Earls,  and  Barons,  Knights  of  Counties^ 

*  and  Commons  of  the  Realm,  and  others,  being  at  our 

*  Parliament  at  York,  do  wholly  annul  and  defeat  the  faid 
'  Award  of  the  Exile  and  Difheritance  of  the  faid  Hugh 

*  and  Hugh,  and  all  Things  in  the  Award;  and  do  fully 

*  remit  and  reconcile  the  faid  Hugh  the  Son,  and  Hugh 
«  the  Father,  to  our  Faith  and  Peace,  and  to  the  Eftate 
'  they  had  and  were  in,  before  the  making  that  Award 

*  in  all  Points.     And  we  adjudge,  that  they  have  again 
«  Seifin   of  their  Lands  and  Tenements,  Goods  and 

*  Chattels,  &c.    And   we    will    and    command,    that 

*  wherever  the  faid  Award  is   inrolled  in  any  of  our 
'  Courts,  it  be  cancell'd  and  annull'd  for  ever.' 

Accordingly  the  Roll  was  cancelled,  and  remains  ft>An<Uhe  Roll 
at  this  Day,  with  this  Memorandum  written  under  the[  "' 
faid  Award  :  '  Thefe  Things  above-written  are  nulled 
'  and  cancelled  by  the  Force  of  the  Award  and  Decree 
«  made  in  the  Parliament  at  York,  held  three  Weeks 
'  after  Eajler,  in  the  i^th  Year  of  the  Reign  of  our  Lord 

*  King  Edward*' 

VOL.  I.  N  In 


194,  72»*  Parliamentary  HISTORY 

K.  Edwardll.  In  this  Parliament  alfo,  at  7br£,  the  Prelates,  Earls, 
Barons,  and  the  Commons  of  the  Realm,  there  afiem- 
bled  by  the  King's  Command,  caufed  to  be  rehearfed 
and  examined  the  Ordinances,  dated  the  5th  of  October, 
5  Edward  II.  aiid  for  that,  by  Examination  thereof,  it 
wab  found  in  the  faid  Parliament,  '  That  by  the  Things 

*  which  were  formerly  ordained,  the  King's  Power  was 

*  reftrained  in  many  Things  contrary  to  what  was  due 
'  to  his  Seigniory- Royal,  and  contrary  to  the  State  of  the 
'  Crown;  and  alfo,/0r  that  in  Times  pajf,  by  fuch  Ordi- 
'  nances  and  Provijions  made  by  Subjects  over  the  Power- 
c  Royal  of  the  Anceflors  of  our  Lord  the  King,  Troubles 
'  and  Wars  came  upon  the  Realm,  by  which  the  Land  or 

[  177  ]  '  Nation  was  in  Danger-,  it  was  accorded  and  eftablifh'd 
'  in  the  faid  Parliament  by  our  Lord  the  King,  the  Pre- 
'  lates,  Earls,  Barons,  and  all  the  Commonalty  of  the 
'  Realm  at  that  Parliament  aflembled,  That  all  thofe 
'  Things  ordained  by  the  former  Ordainers,  and  con- 
'  tained  in  thofe  Ordinances,  from  thence  forth,  for  the 
'  Time  to  come,  fhould  ceafe  and  lofe  their  Force  and 
"*  Effedr.  for  ever}  and  that,  from  thence  forward,  in  no 
'  Time,  no  Manner  of  Ordinances  or  Provifions  made 
The  Ordinahces'  by  the  Subjects  of  our  Lord  the  King,  or  his  Heirs,  by 
declared  to  be  anc  any  power  or  Commiflion  whatever,  over  or  upon  the 

Invafion   of  the,  p,  '  T,         ...  T        ,,       -rr-  I_-TT- 

Prerogative  Roy-    Power-Royal  of  our  Lord  the  King,  or  his  Heirs,  or 
al.  '  againft  the  State  of  the  Crown,  fhall  be  of  any  Value  - 

'  or  Force ;  but  all  Things  that  fhall  be  eftablifhed  for 

*  the  Eftate  of  the  King  and  his  Heirs,  and  for  the  State 

*  of  the  Realm  and  People,  may  be  treated,  accorded, 
'  and  eftablifhed  in  Parliament  by  the  King,  with  and 
'  by  the  Aflent  of  the  Prelates,  Earls,  Barons,  and  Com- 
«  monalty  of  the  Realm,  as  hath  been  accuftomed.' 

At  this  Parliament  all  fuch  as  had  taken  Part  with  the 
Earls  of  Lancajler  and  Hereford  were  difherited  of  all 
their  Lands  and  Pofleffions,  except  the  Lord  Hugh  Aud~ 
ley,  the  younger,  and  fome  few  more.  The  faid  Lord  was 
pardoned,  becaufe  he  had  married  the  King's  Niece, 
Sifter  to  Gilbert  Earl  of  Gltucejler,  flain  at  the  Battle  of 
Eannockburn,  in  Scotland.  Here  alfo  the  King's  eldeft 
Son  was  created  Prince  of  Wales  and  Duke  of  Aquitain^ 
Hugh  Defpenfer,  the  elder,  Earl  of  Winchefter  \  and  An- 
drew de  Harktley,  who  commanded  Part  of  the  King's 

Forces 


of  E  N  G  L  A  N  D. 

Forces  at  the  late  Battle  of  Boroughbridge,  Earl  of  Car- 
ii/Je. 

To  crown  all,  and  further  to  (hew  their  Loyalty  to 
their  Sovereign  Prince,  this  Parliament  granted  him  one 
Foot-Soldier  out  of  every  Village  in  the  Kingdom,  and 
more  out  of  Towns  and  Cities  in  Proportion,  to  be 
armed  and  maintained  for  forty  Days,  at  the  Expence 
of  the  Inhabitants.  The  Barons,  Knights,  and  Free- 
holders of  each  County  gave  a  Tenth,  as  the  Cities, 
Boroughs,  and  Towns,  of  antient  Demefne,  did  a  Sixth, 
of  their  Moveables.  The  Clergy  alfo,  not  to  be  be- 
hind-hand with  the  Laity,  not  only  offered  to  raife  the 
King  the  two  Years  Tenths  (which  had  been  laid  upon 
them  by  the  Pope,  and  they  had  fcrupled  to  pay)  in  one 
Year,  but  alfo  granted  him  an  Aid  of  Five-Pence  in 
every  Mark  for  the  Province  of  Canterbury,  as  thofe  of 
York  did  Four-Pence.  Finally,  the  King,  to  (hew  he 
was  not  infenfible  of  thefe  liberal  Grants  and  Donations, 
ordered  that  the  Ordinances,  which  had  been  voted  void, 
ihould  be  again  examined  by  Men  of  Judgment,  and 
fuch  as  they  thought  neceffary  to  be  eftabliftied,  he 
commanded  to  be  called  Statutes  u. 

With  all  thefe  Grants  of  Men  and  Money,  defigned 
for  the  entire  Conqueft  of  Scotland,  this  ill-fated  Prince 
did  nothing ;  for  though  a  gallant  Army  was  raifed,  and 
met,  by  Appointment,  at  Newcaflle,  yet,  when  he  en- 
tered Scotland  with  them,  he  found  no  Enemy  to  oppofe 
him.  The  Scots  were  all  retired  to  their  Strong-holds; 
and  the  King,  diflrefled  for  Want  of  Provifions,  which 
had  been  neglected,  was  obliged  to  return  back  to  Eng- 
land Re  infedfa.  Neither  was  this  all  the  Evil  he  fu- 
ftained  ;  for  the  Scots,  watching  his  Retreat  with  a  Party 
of  Light  Horfe,  had  very  near  taken  him  at  Dinner,  in 
a  Monaftery  called  Byland- Abbey,  about  fixteen  Miles 
North  of  York ;  the  Earl  of  Richmond,  who  was  with 
the  King,  being  made  Prifoner,  himfelf  narrowly  efca- 
ping  to  the  City.  But  the  other  Tran factions,  relative 
N  2  to 

w  Pat.  15  Edward  II.  p.  z,  m.  15  et  m.  5.  d.  Knygton;  M.  We/}. 
Cent. 

Some  Account  of  this  Parliament  at  fork  is  entered  on  the  Rolls  of 
Parliament ;  but  it  contains  no  more  than  a  bare  Recital  of  their  Meeting, 
and  a  Confirmation  of  Charters,  &c.  made  in  his  Father's  Time. 

There  is  a  Statute  extant,  faid  to  be  made  at  Carlijle,  1 5  Ed-ward  II« 
but  we  find  no  other  Account  of  it. 


The  Parliamentary  HISTORY 

K.  Edward  \l.  to  this  unfortunate  Expedition,  we  leave  to  larger  Hifto- 
rians  to  difcufs,  and  return  to  our  Parliamentary  Chro- 
nicle. 

[  17*8  ]  About  this  Time  the  King  of  France  had  fummoned 
his  Brother  of  England,  by  two  Ambaffadors,  to  come 
over  to  him  and  do  Homage  for  the  Territories  which 
the  latter  held  in  that  Kingdom.  His  two  Minifters, 
the  Defpenfers,  diffuaded  Edward  from  going  in  Perfon; 
and,  after  the  Time  prefixed  was  elapfed,  the  French 
King  leized  upon  all  G.uienne  and  Gafcoigny,  as  forfeited 
to  him  by  Edward's  Non-Appearance. 

Anno  Regni  16,  But,  before  that  could  happen,  the  King  thought  pro- 
J324«  per  to  take  the  Senfe  of  his  Parliament  about  this  Em- 
At  London,  bafly  ;  and  one  was  accordingly  fummoned  to  meet  at 
London,  the  Beginning  of  Lent,  in  the  Year  1324.  They 
were  called  together  to  treat  of  divers  public  Affairs, 
but  particularly  what  Anfwer  was  to  be  given  to  the 
Embaffy  concerning  the  King's  going  over  to  do  Ho- 
tnage.  The  Lords  and  others  were  unanimous  in  their 
Opinions,  *  That  the  King  fhould  not  go  in  Perfon, 
'  but  fhould  fend  certain  Ambaffadors  on  purpofe  to  ex- 
c  cufe  his  coming  over  at  all,  or  at  leaft  to  delay  it  for 
*  a  Time.'  Accordingly  two  Perfons  of  great  Diftinc- 
tion,  the  Earl  of  Kent,  Brother  to  the  King,  and  the 
Archbifhop  of  Dublin,  were  then  npminated  for  that 
Employ. 

At  this  Parliament,  alfo,  the  King  demanded  a  pecu- 
niary Aid  from  the  Clergy  and  Laity,  to  difcharge  the 
Ranfom  of  John  Earl  of  Richmond,  who  had  been  taken 
Prifoner  by  the  Scots,  at  the  Battle  of  Byland,  in  York- 
Jhire.  But  this  Propofal  was  refufed  by  the  Barons,  for 
this  Reafon,  <  That  no  fuch  Tax  ought  to  be  raifed, 
'  but  only  for  the  Ranfom  of  the  King,  Queen,  and 
'  their  eldeft  Son,  if  they  fhould  happeTi  at  any  Time 
'  to  be  taken  Prifoners.'  And  fo  that  Demand  fell. 

In  this  Parliament  Adam  de  Orleton,  Bifhop  of  Here- 

ford, was  arrefted  of  High  Treafon  ;  to  the  great  Scandal 

L  *79  J      and  Prejudice  of  the  Clergy,  fays  the  Canon  of  Leicefter, 

Adam  deOrlcton^nd  was  examined  before  the  King  and  Lords,  on  divers 

Bi°P~ArtiCleS'       I<:    WaS    la'd    t0    hlS  Charge»    '  That    he    had 

^ 


chrc'  » 

with  High  Trea-'  entertained  certain  of  the  King's^Encmies,  had  ap- 
fon,  *  peared  in  the  Field  with  them,  had  furnifh'd  them  with 

*  Arms, 


^ENGLAND.  197 

*  Arms,  and  had  given  them  his  Afliftance,  Favour,  andK..  Edward  II. 
'  Advice  V     The  Bifhop,  being  a  fhrewd  and  Jearned 

Man  y,  faid  little  at  firft  to  this  Accufation*  but,  being 
further  urged,  he  anfwered,  '  My  Lord  the  King,  fa- 

*  ving  all  due  Reverence  to  your  Majefty,  I  being  an 
'  humble  Minifter  of  God's  Church,  and  a  confecrated 
'  Bifliop,  tho'  unworthy,  ought  not  to  anfwer  fuch  high 
'  Matters,  without  the  Licence  and  Authority  of  my 

*  Lord   the  Archbifhop  of  Canterbury^  who,   next  to 
'  the  Pope,  is  my  proper  Judge ;  as  alfo  with  the  Con- 
4  fent  of  the  reft  of  my  Fellow-Bifhops.'     The  Arch- 
bifhop of  Canterbury  with  his  Suffragans,  rifmg  up,  im- 
plored the  King's  Mercy  for  him;  and  he  was  deliver'd 
to  the  Cuftody  of  the  Archbifhop  'till  the  King  fhould 
refolve  when  to  fummon  him  again,  to  anfwer  to  what 
might  be  farther  laid  to  his  Charge.     Soon  after  the 
King  fummoned  him  again  to  anfwer  in  his  Court  of 
Juftice,  [now  the  King's  Bench']  which  the  Archbifhops, 
&V.  hearing  of,  they  came  in  great  Form,  with  their 
Crofles,  and  took  him  away  from  the  Bar,  threatening 
to   excommunicate   all   that  withftood    them.     Upon 
which  Edward  caufed  a  Bill  of  Indictment  z  to  be  pre- 
ferred againft  him  to  the  Grand  Jury  of  Herefordjhirey 
which  being  found,  the  King  immediately  feized  on  all 
his  Temporal  Pofleffions  :  And  if  he  had  taken  his  Life 
too,  in  all  Probability  he  would  have  fave.d  his  own;  for 
to  this  very  Man  was  owing  all  the  Misfortunes  that 
befell  the  King  afterwards,  even  to  his  Murder;  the 
fcandalous  and  ambiguous  Latin  Sentence  *  he  fent  to 
his  Executioners,  being  faid  to  be  the  Caufe  of  it. 

In  this  Parliament,  alfo,  all  the  Manors  and  Poflef-  [  180  1 
fions  of  the  Knights  Templars  were,  by  the  common 
Confent  of  both  Clergy  and  Laity,  granted  to  the  Knights 
Hofpitalers  of  St.  John  ofjeruja/em  for  ever,  as  appears 
by  the  Statute  at  large,  made  for  that  Purpofe,  under 
N  3  this 

x  He  had  fjpported  the  Mortimers  in  their  Rifiiig  in  Walet,  Speed's 
C^fcn, 

y  Says  Tjrrel.  But  Sir  Thomas  de  la  More,  who  knew  the  Man,  fays 
he  was  wife,  fubtle,  and  learned  j  but,  otherwise,  wilful,  prefumptuous, 
and  extreme  factious  j  and  that  at  firft  he  difdained  to  make  any  Anfwer 
at  all,  &c. 

i  An  Inqueft  to  be  impannelled.     De  la  Mere* 

*  Edvardutn  ccciderf  nil'ite  tijiiere  bcrtutu  rjlt 


jpS'  The  Parliamentary  HISTORY 

K.  Ed-ward 'II.  this  Title,  Statutum  de  Terr  is  Templariorum  b.  And  this 
is  all  we  can  find  to  be  done  in  this  Parliament,  no  En- 
try being  made  on  the  Rolls  about  it. 

But  now,  as  if  Fortune  was  never  tired  in  perfecuting 
this  Prince,  flie  ftrove  to  wound  him  in  a  more  fenfible 
Part  than  ever  (he  had  done  before,  by  raifmg  up  fome 
domeftic  Enemies  againft  him  in  the  Perfons  of  his 
Queen  and  Son.  The  Queen  had  found  Means,  under 
Pretence  of  fettling  fome  Differences,  to  get  the  King's 
Leave  to  go  into  France,  as  alfo  to  take  her  only  Son 
the  Prince  with  her.  She  ftaid  fo  long  that  the  King 
began  to  be  very  uneafy  at  her  Abfence,  and  wrote  feve- 
ral  Letters  to  her  to  return,  to  which  fhe  always  gave 
evafwe  Anfwers.  At  laft,  being  much  follicited,  fhe  faid 
it  was  the  Fear  (he  was  in  from  the  younger  Defpenfer 
that  occafioned  her  Delay.  And  whatever  Letters  and 
Mediators  the  King  made  ufe  of  to  prevail  on  her  to 
come  to  him,  or  to  fend  the  Prince  his  Son,  they  were 
all  to  no  Purpofe. 

This  Lady  had  formed  a  Scheme  of  a  very  fcandalous 
and   dangerous  Nature,  and  me  deferred  coming  over 
The  King's  do- till  fhe  could  put  it  in  Execution.     The  difcontented 

erateBar°nS'   Wh°  ft'lH  hated  the  DffPenfer^  had'  bY  MeanS 
Pera  eofjfdam  Bifhop  of  Hereford,  gained  her  to  their  Intereft ; 

and  Roger  Mortimer,  her  Favourite,  having  efcaped  out 
of  the  Tower  into  France,  fhe  had  the  lefs  Occafion  for 
her  Hufband's  Company.  In  fhort,  (he  found  Means 
to  raife  an  Army  of  two  or  three  thoufand  Men,  with 
whom  fhe  tranfported  herfelf  and  her  Son,  and  landed 
at  Harwich  ;  where  fhe  was  immediately  joined  by  the 
Earl  Marefchal,  the  Earl  of  Leicefier,  and  other  Barons 
and  Knights  who  had  been  Rebels  to  the  King  ;  and,  to 
give  the  greater  Sanction  to  her  Caufe,  with  no  lefs 
than  four  Bifhops  and  all  their  Attendance. 

It  is  certain  the  Church  had  a  <;reat  Hand  in  this  Re- 
volution; for  except  one  lo}J  Bifhop,  Walter  Stapletony 
£  181  ]     Bifhop  of  Exeter,  we  do  not  find  another  of  the  whole 
Bench  untainted   with  the  Times.     This  Prelate  was 

murdered 

b  There  is  a  Statute  extant,  called  Tct  Statute  of  Extrafis,  made  this 
Parliament.  See  Statutes  at  large,  i  6  Eaward  11.  But  the  'lemflan"  Sta- 
tute is  put  down  in  the  Year  following. 

There  is  fome  Account  of  a  Parliament  entered  on  the  Rolls,  faid  to  be 
held  at  Wefminfltr  on  the  Oftaves  of  St.  Martin,  Anns  Regr.i  19  j  but 
very  little  is  faid  on  it. 


of    E  N  G  L  A  N  D.  199 

murdered  by  the  Mob  in  London  ;  for  which  the  City,*,  Edward II, 
fearing  Ecclefiaftical  Cenfure,  forced  the  Archbifhops  of 
Canterbury,  York,  and  Dublin,  with  the  other  Bifhops 
that  came  to  the  next  Parliament,  to  go  to  Guildhall, 
when  they  all  fwore  to  defend  the  Rights  and  Liberties 
of  the  City.  In  Prefentia  Comitis  Cantiae,  et  Multitu- 
dinis  immenfae,  qui  ad  videndum  Fatuitatem  Epifcoporum9 
quo  Msdo  Mahometo  facrificabant,  confluxerunt*. 

The  King's  Affairs  were  now  in  a  miferable  Way  : 
He  made  fome  Struggles,  'tis  true,  to  withftand  this 
Tempeft,  but  all  too  weak,  and  he  foon  found  himfelf 
overborne  by  it.  The  two  Defpenfers  were  taken  and 
executed,  without  either  Hearing  or  Trial  d,  and  the  And  he  is  m**« 
King  himfelf  made  a  Piifoner  in  Kenelworth  Caftle.  a  Prifoncr. 

As  our  Defign  is  intirely  to  purfue  this  Hiftory  in  a 
Parliamentary  Way  only,  we  muft  refer  our  Readers 
again  to  the  more  general  Hiftorians  of  thofe  Times 
for  the  Particulars  of  the  Facls  above.  But,  no  fooner 
was  the  Queen  fecure  in  her  new- got  Pofleffion,  when 
fhe  thought  fit  to  eftablifli  it  by  a  Sanction  of  thatNature. 
A  Writ  was  iflued  out  for  proroguing  a  Parliament  which 
was  to  meet  on  the  I5th  of  December,  as  fummoncd  by 
the  King,  (Tejle  Rege  apud  Lidbury)  but  this  Writ  is 
not  on  Record ;  and  it  is  more  likely  that  it  was  a 
trumped-up  Writ  for  Form  Sake,  and  to  ground  their 
Prorogation  upon  ;  for  both  Tyrrel  and  Brady  agree  in 
this,  that  the  unfortunate  King  could  know  nothing  of 
the  fealing  this  Writ,  fince  he  had  fent  his  Great  Seal  to 
the  Queen  and  Prince  fome  Time  before.  The  Tenor 
of  the  Queen's  Writ  for  that  Parliament  was,  '  To  be 
'  holden  by  Ifabel,  Queen  Confort  of  England,  and  Ed- 

*  ward,  the  King's  eldeft  Son,  Guardian  of  England, 

*  he  being  then  out  of  the  Land  ;  to  be  holden  by  the 
'  King,  if  perfonally  prefent;  or,  in  his  Abfence,  by  the 
'  faid  Confort  and  Son,  &c.'     Here  now  is  the  Policy  ; 

they  make  the  King  call  a  Parliament,  and  at  the  fame      [  182  ] 
Time  declare  he  was  out  of  the  Kingdom,  which  they 
imagined  might  be  true,  for  he  was  not  then  in  their 
Hands.     The  Writ  of  Prorogation  itfelf,  which  evi- 
dences this  extraordinary  Affair,  Dr.  Brady  has  printed. 

Mr. 

c  marten's  J7//L  Sa:r.  Vol.  I.  p.   367. 

d  The  Son  had  a  Sort  of  a  Trial  befors  Judge  Truffl-l,  tho'  he  was  not 
allowed  to  plead,  but  only  to  hear  his  Accufktion,  which  was  very  long,— «• 
Knygkton,  col,  2547. 


200  e  Parliamentary  HISTORY 

K*  gdward  II.  Mr.  Tyrrel  fays  it  is  very  uncertain  where  thefe  Writs 
were  fealed  ;  though  the  Matter  is  not  much,  adds  he, 
fmce  there  is  no  Averment  againft  the  Record  e. 

But,  by  what  Authority  foever  called,  this  Parliament 


f  183  ] 


minfler.     The  firft  Thing  that  was  moved  there  was  by 
.  the  aforefaid  Adam  de  Qrleton,  Bifhop  of  Hereford,  who 
The  Parliament  Put  tnis  memorable  Queftion,  Whether  King  Edward 
refolve  to  depofe  the  Father,  or  his  Son  Edward,  Jhould  reign  over  them? 
him,  He  was  feconded  by  feveral  other  Bifhops,  and  it  was 

not  long  before  they  all  agreed  the  Son  ihould  have  the 
Government  of  the  Kingdom,  and  be  crowned  King, 
for  the  Reafons  following  : 

HW  Reafons.  I.  «  That  the  Perfon  of  the  King  was  not  fufficient  to 
governs  for  in  all  his  Time  he  was  led  and  governed  by 
others,  who  gave  him  evil  Counfel,  to  the  Difhonour 
of  himfelf,  and  DeftrudHon  of  Holy  Church  and  all  his 
People,  not  confidering  or  knowing  whether  it  was  good 
or  evil;  nor  would  remedy  thefe  Things,  when  he  was  , 
requefted  by  the  Great  and  Wife  Men  of  his  Realm, 
or  fuffer  them  to  be  amended. 

II.  c  That  in  all  his  Time  he  would  not  give  himfelf 
to  good  Counfel,  nor  take  it,  nor  to  the  good  Govern- 
ment  of  his  Kingdom  ;  but  always  gave  himfelf  to 
Works  and  Employments  not  convenient,  neglecting 
the  Bufinefs  of  his  Realm. 

III.  '  That,  for  want  of  good  Government,  he  loft 
the  Kingdom  of  Scotland,  and  other  Lands  and  Domi- 
nions in  Gafcoigny  and  Ireland,  which  his  Father  left 
him  in  Peace  and  Amity  with  the  King  of  France,  and 
many  other  great  Perfons. 

IV.  «  That,  by  his  Pride  and  Cruelty,  he  deftroyed 
c  Holy  Church,  and  the  Perfons  of  Holy  Church,  put- 

'  ting 

«  See  the  Writ  in  Brady's  Appendix,  N°.  70  ;  and  in  Ryley's  Plac. 
Par!,  dpf-  p.  582  :  But  there  is  no  Mention  of  this  Parliament  on  the 
Rolls. 

There  is  a  Writ  in  the  Public  AElt,  diredted  to  the  Conftable  of  Dover 
CafUe,  to  take  and  fait  60  Does  out  of  the  Park  of  the  Manor  of  Braburn, 
in  order  to  be  fent  up  to  Weftminfler,  '  Receptor!  Inftauri  noflri  ibidtm  libe- 
randas?  againft  the  Meeting  of  the  Parliament.  —  Tejle  Regc  apud  Kenel- 
worth  decimo  quarto  Die  Decembris.  --  Feed.  Ang  Tom.  IV,  p.  240. 

Another  Writ  is  extant,  in  the  fame  Colleftion,  to  Richard  Dameroj, 
uftice  of  North-Wales,  to  fend  up  24  Members,  tarn  Anglicos  quam  Wai- 
enfes,  to  the  prefent  Parliament.  Dated  at  Ker.diuorth,  Jan.  1  1,  when 
the  King  was  a  Prifoner  in  that  CafHe  ;  which  is  the  lad  Aft  of  State  bus 
•ne,  dated  the  mh,  which  was  in  this  King's  Name.  Idem.  p.  242. 


Ju 
len 


of   E  N  G  L  A  N  D.  201 

*  ting  fome  in  Prifon,  and  others  in  Diftrefs;  and  alfoK«  EH-ward 11. 
c  put  to  fhameful  Death,  and  imprifoned,  banifhed,  and 

*  clifherited,  many  Great  and  Noble  Men  of  the  Land. 

V.  *  That  whereas  he  was  bound,  by  his  Oath,  to  do 
«  Right  to  all,  he  would  not  do  it,  thro'  his  own  Lucre 
'  and  the  Covetoufnefs  of  him  and  his  evil  Counfellors 
'  which  were  with  him  ;    neither  regarded  the  other 
«  Points  of  the  Oath  which  he  made  at  his  Coronation, 
4  as  he  was  obliged. 

VI.  '  That  he  abandoned  his  Realm,  and  did  as  much 
'  as  he  could  to  deftroy  it  and  his  People ;  and,  what  is 

'  worfe,  by  his  Cruelty  and  the  Default  of  his  Perfon,  • 
'  he  was  found  incorrigible,  without  Hopes  of  Amend- 
'  ment. 

'  And  that  all  thefe  Things  were  notorious  beyond 

*  Contradiction.' 

Thefe  Articles  are  faid  to  have  been  dictated  by  John 
de  Stratford,   Biftiop  of  Winchejler,  Treafurer  of  Eng- 
land.   They  were  written  by  his  Secretary,  and  a  Public 
Notary  having  put  to  them  his  Probat,  they  were,  by 
common  Confent  of  Parliament,  fent  to  the  King,  then 
a  Prifoner  at  Kenelwortk  Caftle.   The  Committee  chofen  A  Committee 
for  that  Purpofe  were  the  aforefaid  Bifliop,  with  ddam  appointed  to  g» 
de  Orleton,  Bimop  of  Hereford,  and  Henry  BurwaJh,totheK'in^»nA 
Bifhop  of  Lincoln-,  together  with  two  Earls,  four  Ba-  J^n 
rons  s,  and  three  Knights  of  every  County;  as  alfo  fome  Crown  j 
of  the  Citizens  and  Burgefles  for  London,  the  Cinque- 
Ports,  and  other  Cities  and  Towns  in  England.     Thefe 
Commiffioners  had  a  Power  given  them  4  to  refign  their 
Homage  and  Fealty  to  the  King,  in  the  Name  of  all     [  184 
the  reft,  to  give  him  Notice  of  the  Election  of  his  Son, 
and  to  procure  his  voluntary  Refignation  of  his  Crown; 
or,  if  he  refufed,  to  give  up  their  Homages,  and  pro- 
ceed as  they  thought  fit.*     The  Reafon  of  this  mild 
Proceeding,  fays  Walfingham,  was  becaufe  the  Queen 
felt  a  Qualm  of  Confcience  about  the  Depofition  of  her 
Hufband  ;    and   the  young  Prince,  affected   with   this 
feeming  Concern  of  his  Mother  h,  declared  he  would 
not  accept  the  Title  againft  his  Father's  Will  j  there- 
fore 

g  The  Titles  and  Names  were  the  Earls  of  Leicefter  and  Warren,  R:gcr 
Grey  and  Hugh  Courtney,  Barons  ;  Sir  Geoffrey  Scroope  and  "Jchn  de  San- 
tbour,  Ju/Hces  j  to  whom  were  added  the  Abbots  of  Clajienbury  and  Dor* 
tosJJer.  Ste-wf's  Cbron. 

*'  Ut  fin's  cff yruit,    Walfingham, 


202  <The  Parliamentary  HISTORY 

K.  Ed-ward  IT.  fore  the  King's  abfolute  Refignation  was  thought  necef- 
fary  for  their  better  Satisfaction. 

Another  Author !,  and  Contemporary  with  this  Revo- 
lution, hath  told  us  by  what  Means  this  Refignation  was 
obtained.  He  writes,  that  the  Bifhops  of  IVincheJler  and 
Lincoln  came  before  the  reft  to  the  King  to  fmooth  the 
Way;  and  that  thefe Prelates,  along  with  the  then  Earl 
of  Lancafler,  his  Keeper,,  perfuaded  his  Majefty  to  refign 
his  Crown  to  his  Son,  *  promifing  him  as  much  Honour 

*  after  his  Refignation  as  before ;  and,  on  the  other 
'  Hand,  threatening  him  that,  if  he  would  not,  the 

*  People  would  yield  up  their  Homage  and  Fealty,  pafs 

*  by  his  Son's  Right,  and  chufe  a  King  out  of  the  Royal 
£  185  ]      '  Line.'     Mr    Tyrrel    fuppofes    thefe  Arguments  not 

very  probable  to  come  from  the  -Earl  of  Lancafter^  who 
was  himfelf  Heir  to  the  Crown  on  Failure  of  Edward's 
Iffue.  But,  be  that  as  it  will,  they  promifed  him  Safety 
as  to  his  Perfon,  with  a  large  and  handfome  Allowance 
as  to  the  Support  of  his  Dignity.  All  thefe  Arguments 
we  may  fuppofe  had  Weight  enough  in  them  to  move 
the  King  to  comply,  and  to  make  his  Refignation  accord- 
ingly :  The  Manner  and  Form  of  which,  fays  Tyrrel^ 
being  very  grave  and  folemn,  and,  we  may  add,  of  ths 
utmoft  Confequence  to  the  Nation,  fmce  it  is  the  firft 
Inftance  in  Englijh  Hiftory  of  this  Kind,  we  think  pro- 
per to  give  from  the  fore-cited  Author,  along  with  U^al- 
fmgkam,  who  lived  in  the  next  Century,  as  the  beft  Au- 
thorities to  direct  us  k. 

After 

i  Sir  Thomas  de  la  More. 

k  The  Manner  of  the  two  Bifcops  addrefling  the  King  on  this  extraor- 
dinary Occafion,  is  very  politely  drawn  up  by  Pcre  D*  Orleans,  in  his  Hiftory 
of  the  Revolutions  of  England,  in  thefe  Words  :  Les  Evefques  d:  Lincolne 
et  de  Winchefti  e  prire nt  Its  devants  pour  rompre  la  dace.  It's  le  Jtrent  ainc 
tflex  a  'AdreJJe.  Apres  lay  avoir  infinite  le  Sujet  de  leur  Deputation,  Us 
commencerent  par  I 'aJTeunr  qit\n  luy  confcrveroit  Us  Tilrts  et  let  Honneurs 
Je  la  Royaute.  Puts  tourrunt  la  Chafe  du  cof.e de  Ditu,  et  faifant  les  Pre- 
Jicateurt,  Us  !uy  reprcfenterent  de  /fuel  Merite  il  luy  Jcroit  four  V autre  Vie, 
f  avoir  facrijie  au  Repcs  public  une  Couronne  que  fes  dnne'cs.  qui  f  avancoitnt 
ir.j'enfiblement,  I" a-vertijjount,  qu  il  fallait  quitter.  Enfn  venant  au  Pc:rt 
ejjentiel,  Us  luy  frert  Vahir  la  Grate  que  iuy  faifoit  le  Parlfir.er.t,  de  csn- 
J'crver,  malgre  les  Sujets  qu 'en  avnit  dc  ft  plaindre  de  luy,  la  Royaute  dant 
fa  Maijln,  et  de  permettre  que  fan  Sang  regnaft  dans  la  Perfor.ne  de  Jon  F;ls. 
Us  cor.clurent  par  hy  fairc  entendre,  que  s'll  ne  prentit  ce  Parti,  il  auroit  le 
chagrin  de  voir  une  nouvel/e  Pamille,  et  un  Roy  rleu  ckajjer  les  Plantagenettcg 
du  Trofne  quih  occupoient  depuit-ft  htigletnps ;  quit  eftoh  refponfable  de  Iq 
Couronnc  <f  Ar.gleterre  a  fes  Ayeux  et  a  fes  Defccndtns,  et  qu  il  r.e  "teno-t  qu  'q 
tojdt  (wfervir  a  ur.e  Pofttrit/fliu  beureuji  tettt  bdie  Po/-jjlt>n  de  Us  ffrrt. 


of   ENGLAND.  203 

After  this  Deputation  from  the  Grand  Committee  K-.EJwardli. 
had  foftned  and  brought  the  King  to  their  own  Temper, 
the  whole  Body  of  them  was  introduced.  The  King 
came  out  of  his  Bed-Chamber,  in  a  Morning-Gown,  to  Which  he  refigna 
meet  them ;  but  no  fooner  had  he  heard  their  Menage,  acc 
and  the  Articles  againft  him,  than  he  fwooned  away, 
and  had  fallen  to  the  Ground,  had  he  not  been  fupported 
by  the  Earl  of  Lancqfter  and  the  Bifhop  of  Wmcbejler. 
However,  coming  to  himfelf,  he  anfwered,  with  Tears  in 
his  Eyes,  That  be  was  very  firry  be  had  fo  ml/behaved 
himfelf  towards  bis  People,  and  ajked  Pardon  for  it  of  all 
that  were  prefent ;  but,  feeing  now  it  could  not  be  other- 
wife,  he  returned  them  Thanks  for  chufmg  his  firft-born 
Son  in  his  Room.  He  then  made  his  Refignation,  by  de- 
livering up  his  Royal  Enfigns  of  Sovereignty,  the  Crown 
and  Scepter,  which  the  Commiffioners  had  taken  Care 
to  bring  for  that  Purpofe ;  after  which,  one  Sir  William 
Trujfil,  fupplying  the  Place  of  Chief  Juftice  of  England^ 
and  chofen  as  Procurator,  was  ordered,  by  the  whole 
Committee,  to  pronounce  their  Refignation  of  Homage 
to  the  King,  which  he  did  in  this  Form  : 

'  I  William  Trujfel,  Procurator  of  the  Prelates,  Earls,  Hereupon  th« 

*  and  Barons,  and  other  People  in  my  Procuracy  named,  noinceThlirHo- 
«  having  for  this  full  and  fufficient  Power,  do  furrender  mageand Fealty^ 

*  and  deliver  up,  to  you  Edward  King  of  England,  be- 

*  fore  this  Time,  the  Homage  and  Fealty  of  the  Perfons 

*  in  my  Procuracy  named,  in  the  Name  of  them,  and 

*  every  of  them,  for  certain  Caufes  therein  mentioned  ;     [  186  ] 

*  and  do  return  them  up  to  you  Edward,  and  acquit  or 

*  difcharge  the  Perfons  aforefaid,  in  the  beft  Manner  that 

*  the  Law  and  Cuftom  can  give  it ;  and  do  make  this 

*  Proteftation  in  the  Name  of  all  thofe  that  will  not  for 

*  the  future  be  in  your  Fealty,  or  Allegiance,  nor  claim  to 
'  hold  any  Thing  of  you,  as  King ;  but  account  you  as  a 

*  private  Perfon,  without  any  Manner  of  Royal  Dignity.' 

The  Ceremony  ended  with  Sir  'Thomas  Blunt's,  the 
High  Steward,  breaking  his  Staff,  declaring  all  the 
King's  Officers  difcharged  from  his  Service,  in  the  fame 
Manner  as  if  the  King  was  actually  dead. 

The  Commifiioners  returning  to  Parliament  with  the  And  cjlufe  ^j. 
King's  Anfwer  and  the  Royal  Enfigns,  made  the  com-  Son  Edward  ia 
mon  People  a  rejoice  ;  and  prefently  the  whole  Com-  his  Stead< 

m  unity 

a  Dr.  $  ratty  has  tranflated  the  Latin  Word  Phh  into  Ra&M;  fwt  which 
he  is  girded  at  by  Mr.  Tjrrel, 


204  tte  P armament ary  HISTORY 

$>. Edward II,  munity  of  the  Kingdom  admitted  Edward^  a  Youth  of 
fourteen  Years  of  Age,  to  be  their  King. 

After  this  the  Archbifhop  of  Canterbury  preached  a 
Sermon  before  the  whole  Aflembly  ;  his  Text  was  Vox 
Populi  Vox:  Del ;  exhorting  his  Audience  to  pray  for  the 
King  whom  they  had  chofen.  Thus,  fays  an  Author, 
the  Lawyers  found  out  a  legal  Method  to  deprive  their 
King  of  Sovereignty ;  and  the  Divines  confecrated  their 
mighty  Power  in  calling  their  Voice  a  Divine  Election  d. 

All  this  was  done  whilft  the  {ham  Parliament  was 
ftill  fitting,  on  the  20th  of  January,  1327,  and  which 
is  call'd  the  firft  Day  of  Edward  the  Third's  Reign  ;  for 
from  that  Time  he  acted  as  King,  as  appears  by  the 
Writ  to  all  the  Sheriffs  of  England  to  proclaim  his  Peace, 
dated  two  Days  before  his  Coronation.  Which  acl:  of 
State,  as  it  is  fingular  in  its  Kind,  and  tho'  not  Parlia- 
mentary, yet  deducing  his  Title  from  that  Authority, 
We  {hall  give  in  Dr.  Brady's  Tranflation  as  follows  c. 

The  King  to  the  Sheriff  of  Yorkjhire,  Greeting: 
IDEcaufe  Edward,  late  King  of  England,  our  Father,  by 
{  1 87  J  X>  Common  Council  and  AJjent  of  the  Prelates,  Earls,  Ba- 
rons, and  other  Great  Men,  and  alfo  of  the  Communities  of 
the/aid  Kingdom,  of  his  own  free  Will  removed  himfelf from 
the  Government  of  the  fa  id  Kingdom,  willing  and  grant- 
ing, That  we,  as  his  Firjl-lorn  and  Heir  of  the  Kingdom, 
Jhould  take  upon  us  the  Rule  and  Government :  And  we 
yielding  to  the  good  Pleafure  of  our  Father,  by  the  Counfel 
and  Advifement  of  the  Prelates,  Earls,  Barons,  Great 
Men,  and  Communities  aforefaid,  have  taken  upon  us  the 
Government  of  the  faid  Kingdom,  and  received  the  Ho- 
mages and  Fealties  of  the  faid  Prelates  and  Great  Men 
according  to  Cu/tom  ;  therefore,  defiring  our  Peace  for  the 
^uiet  and  Tranquillity  of  our  People  to  be  inviolably  ob- 
ferved,  we  command,  That,  prefently  after  Sight  of  ihefe 
Prefents,  you  caufe  our  Peace  publickly  to  be  proclaimed 
through  your  whole  Bailiwick,  forbidding  all  and  finguhr, 
under  the  Pain  of  dijinheriting,  and  lofing  Life  and  Mem- 
ber, that  they  prefume  not  to  infringe  or  violate  our  Peace; 
but  that  all  Men  do  profecutg  their  Suits  and  Afiions  with- 
out 

<!  Historical  Obfervations  on  the  Reigns  of  Ed,  I.  Ed,  II.  and  Rub,  II* 
By  a  Perfon  of  Honour.  London,  1689,  81/5. 

c  From  Clauf,  i.  Ed.  III.  p.  i.  m.  28.     In  /Ipfend.  N°.  74.- 


^ENGLAND.  205 

sut  Violence ,  according  to  the  Laws  and  Cuftoms  of  the*** Edward  11, 
Land,  &c.     Witnefs  the  King  at  Weftminjler  the  2Qth 
of  January. 

We  fhall  conclude  this  Monarch's  unfortunate  Reign, 
and  moft  miferable  End,  in  Dr.  Brady's  own  Words. 
*  The  King  was  all  this  Time  Prifoner  in  Kenelvuortb 

*  Caftle,  not  knowing  what  further  they  were  doing. 

*  The  Nation  obferving  what  had  been  done,  feeing  the 

*  Queen  engaged,  and  the  Prince  carried  along  with 
«  them,  not  then  perhaps  fufpecling  the  Defigns  of  the 

*  Heads,  began  to  be  fenfible  of  the  King's  Condition, 

<  and  to  conlider  the  Pretences  of  his  Enemies,  and  to 

*  think  how  they  might  be  kind  to  him,  and  prevent  fur- 
'  ther  Mifchief.  His  Keeper  alfo,  the  Earl  of  Lancafter^ 

*  began  to  be  every  way  obliging  to  him,  much  pitying 
e  and  commiferating  his  deplorable  Cafe.    Many  Lords 
«  and  others  began  to  think  how  they  might  deliver  him 

*  out  of  Captivity ;  theNotice  or  rather  Sufpicion  whereof 
'  much  ftartled  Mortimer,  the  Bifhop  of  Hereford,  the, 
«  Queen,  and  chief  Aitors  in  this  Tragedy,  reflecting 

*  upon  what  they  had  done,  and  fearing  if  the  King 
«  fhould  get  his  Liberty  they  could  not  be  fafe,  or  at 

*  leaft   their  Defigns    muft   come   to    nothing,  which     r     ««  •» 

<  caufed  them  to  think  of  removing  him  from  Kenelworth9     *• 

<  and  appointed  him  new  Keepers,  who  were  Thomas 
4  Gournay  and  John  Maltravers,  Knights  ;  thefe  recei- 
c  ving  him  at  Kenehvorth  Caftle  by  principal  Authority  % 
«  hurried  him  up  and  down  the  Nation,  that  it  might 
«  not  be  known  where  he  was  ;  and  at  laft  brought  him 
'  to  Berkley  Caftle  in  Glouceflerjhirey  where  he  was  in- 

*  humanly  treated  by  his  Keepers,  who  attempted  to 

*  deftroy  him  by  all  Ways  of  horrid  Indignities,  brutifli 

*  Ufages,  and  before-uncontrived  and  unthought-of  Af- 
'  fronts :  But  having  been  fruftrated  in  their  Intentions, 

*  by  his  natural  Strength  of  Body  and  Fortitude  of  Mind, 

*  on  the  22d  of  September^  at  Night  in  his  Bed,  they 

«  ftifled  and  fmothered  him,  with  large  and  heavy  Bol-  JJ^J5'tS£. 

*  fters  and  Pillows,  and  put  up  n  red- hot  Iron,  through  cond, 

*  a  Du6til-Pipe,  into  his  Guts  at  his  Fundament;  and 
'  in  this  moft  cruel  Manner  murdered  him,  that  no 

«  Wound 

e  Jhtlor!tgteprin{ifalit  Sir  Thomas  dt  la  More  phrafeth  k. 


206  The  Parliamentary  HISTORY 

K,  Edward II.  <  Wound,  or  Mark  of  a  violent  Death,  might  be  found 
*  upon  him.' 

TAXES  In  this  Kings  Reign. 

Taxes  during  his  T^  ^is  ^r^  Year  the  Earls,  Barons,  Knights,  and  all 

Reign.  ji  others  of  the  Kingdom,  granted  a   twentieth  Part 

of  their  Moveables,  except  their  Armour,  War-Horfes, 

Jewels,   Robes,    and  Veflels   of  Gold    and  Silver,  of 

Knights  and  other  Freemen,  and  of  their  Wives.    And 

f    g    -,      the  Citizens,  BurgefTes,  and  Tenants  of  the  antient  De- 

L  !  ^  -I     mefnes  of  the  Crown,  granted  a  fifteenth  Part  of  their 

Moveables  ;  as  alfo  did  the  Clergy  g. 

In  his  fecond  Year  the  Laity  granted  a  Twenty-fifth 
of  their  Moveables  h. 

In  his  feventh  Year  the  Earls,  Barons,  Knights, 
Freemen,  and  Commons  '  of  Counties,  gave  a  twen- 
tieth Part  of  their  Goods  ;  and  the  Citizens  and  Bur- 
geflesj  and  Communities  of  Cities  and  Boroughs,  gave 
a  Fifteenth  k. 

In  his  eighth  Year  he  had  a  twentieth  Part  of  the 
Moveables  of  the  Laity,  granted  by  the  Commons  of 
the  Counties  of  the  Kingdom  l  aflembled  in  Parliament1". 

In  his  ninth  Year  he  had  granted  a  fifteenth  Part,  of 
the  Citizens,  BurgefTes,  and  Tenants  in  antient  De- 
mefnes,  for  his  War  with  the  Scots,  in  the  Parliament 
held  at  Lincoln  ;  the  fame  Year  the  Community  of  the 
Kingdom,  or  the  Military  Men,  were  then  alfo  fum- 
jnoned  to  do  their  Service  ". 

In  his  fifteenth  Year  the  Prelates  and  Clergy  of  both 
Provinces  met  in  two  Synods,  or  Convocations,  the  one 
at  Lincoln,  the  other  at  York ;  the  former  of  which  the 
Archbifhop  of  Canterbury  was  immediately  to  fummon, 
to  treat  of  a  competent  Aid  to  be  granted  to  him  towards 
his  Expedition  againft  the  Scots,  who  had  then  invaded 
England:  In  which  Writs,  as  it  were  for  a  Direction, 

he 

g  Inter  Rot.  Comput.  in  Cujlod.  C/er.  Pip<e,  Tern  f  ore,  Ed.  II, 

Clauf.  i.  Ed.  II.  m.  12.  intut. 
*  Rot.  dauf.  ^.  Ed.  II.  m,  23.  /»/«</, 
i  Communitatcs. 
k  In  Rot.  Comput.  ut  fupra. 
J  Communitates  Cotnitatuum  Regni, 
™  Rot.  Pat.  8  Ed.  II.  m.  ia.  dorf.  *.  2. 
"  Rot.  Parl.  9  Ed.  II.  m.  z.      ' 


of    E  N  G  L  A  N  D.  207 

he  recites  that  the  Prelates,  Earls,  Barons,  Noblemen,  K^  Edward  a. 
and  the  Commons  granted   him  a  tenth  Part  of  the 
Goods  of  the  Community  or  Body  of  the  Kingdom,  and 
a  fixth  Part  of  the  Goods  of  Citizens,  Burgefles,  and 
Tenants  of  antient  Demefnes. 

Mr.  Tyrrel  obferves,  *  That  in  this  King's  Reign  we 
c  find  few  or  no  Complaints  of  any  Taxes  impofed  by 

*  Colour  of  his  Prerogative,  contrary  to  Law,  notwith- 

*  {landing  the  exorbitant  Power  of  the  two  Defpenfers  :      [  190  J 

*  But  this  might  be  owing  to  their  Policy,  who,  having 
<  made  themfelves  fo  obnoxious  to  the  Nobility,  would 
c  do  what  they  could  to  make  the  common  People  their 

*  Friends.     But  towards  the  latter  End  of  his  Reign, 

*  the  Confifcation  of  the  Eftates  of  the  Earl  of  Lanca/ier* 
'  and  the  reft  of  the  Barons  attainted,  were  fo  confider- 
'  able,  that  though  he  gave  away  a  great  deal  of  Lands 
'  to  the  Defpenfers  and  their  Adherents,  yet  that  which 

*  ftill  remained  in  the  Crown  made  him  to  have  a  greater 
«  Revenue  than  any  of  his  PredecefTors  fmce  King  Htnry 

*  the  Second's  Time.' 

Price  of  PROVISIONS  in  tie  Reign  ^/EDWARD  II. 

In  the  Year  1309  °,  Wheat  fold  for  js.  id.  a  Quar- 
ter; and  Malt  for  6s.  Wine  at  about  43 s.  yd.  a  Ton. 
Oats  4*.  a  Quarter.  A  Hog  about  3*.  id.  A  Mutton 
about  3*.  A  Goofe  about  3^.  A  Fowl  about  $d.  A 
Pig  6d.  A  Shield  of  Brawn  4*.  But  thefe,  being  for  a 
Prior's  Feaft,  feem  to  be  charged  high. 

In  1314  p,  a  Corn-fed  Ox  for  i/.  45.  and  a  Grafs- 
fed  Ox  for  i6s.  A  fat  Mutton  for  is.  8</.  And  four 
Pigeons  for  I  d. 

In  1315  q,  Wheat  fold  for  20 s.  a  Quarter;  Malt 
13 s.  4.d.  and  Salt  for  I/.  15*. 

In  1316  r,  Wheat  fold  for  I/,  us.  the  Quarter. 

In  1 3 1 7  %  Wheat  fold  at  LeiceJJer  for  2  /.  4  s.  a  Quar- 
ter, being  exceflive  fcarce  j  and  in  the  fame  Year  fell  to 
14;. 

But 

»  Gal.  TLortie  inter  Decem  Scriptore<:,  p.  aoio« 
P  Stc'we's  Chronicle* 
<}  M'alpngbam. 

*  Fabian's  CLroniclt. 

•  Kttygbttn  Can.  Lei:rjlt 


The  Parliamentary  HISTORY 

K,  Edwardll.  But  all  thefe  Particulars  may  be  found,  drawn  out  with 
the  utmoft  Exac-tnefs,  in  Bifliop  FUetwood's  Cbronicon 
Preiiojum  '. 

K  Edward  ill.  Tp  R  O  M  the  Depofition  of  Edward  the  Second  we 
JL*  muft  date  the  Beginning  of  the  Reign  of  Edward 
*-  Z9'  ••  the  Third  ;  for,  purfuant  to  the  Proclamation  which 
had  been  mac<e  of  his  Election  to  the  Crown,  his  Coro- 
nation was  performed  with  great  Ceremony,  on  the  firft 
of  February,  1327;  the  Parliament  which  had  depofed 
his  Father  flill  fitting. 

The  young  King  being  then  but  fourteen  Years  of 
Age,  his  Hands  were  thought  too  weak  to  manage  the 
Reins  of  Government:  Accordingly  the  Parliament 
affigned  him  twelve  Guardians,  viz.  five  Bifhops, 
two  Earls,  and  five  Barons.  Their  Names  were> 
anTap^ointedVor  ^a^er  Reginald,  Archbifhop  of  Canterbury  ;  William  de 
the  young  King.  Melton,  Archbihop  of  York  ;  "John  Stratford,  Biftiop  of 
Winch  eft  er\  Thomas  Cobham,  Bifliop  of  Worcejler  ;  and 
Adam  de  Orleton,  Bifhop  of  Hereford ;  the  two  Earls 
were  Thomas  de  Brother  ton,  Earl  Marefchal,  and  Edmund 
of  Woodjlock,  Earl  of  Kent,  both  the  King's  Uncles  ; 
the  Barons  were  'John  Lord  Warren,  Thomas  Lord 
Wake,  Henry  Lord  Percy,  Oliver  Lord  Ingham,  and 
'John  Lord  Rofs.  Over  all  thefe,  by  general  Confc  nt  of 
the  Parliament  and  of  the  twelve  Guardians  themielves, 
Henry  Earl  of  Lancafter,  Lincoln,  Leicefter,  and  Derby, 
the  King's  Coufin,  was  deputed  to  have  the  chief  Care 
of  his  Perfon u.  But  this  was  all  a  fine  Shew  only  ;  for 
Roger  Mortimer?  the  Queen's  Favourite,  moved  the 

whole 

t  This  King,  in  his  Confinement,  is  faid  to  have  wrote  fome  Latin  Ver- 
fes  on  his  Misfortunes,  which  fliew  that  he  was  a  Scholar  :  A  great  Rarity 
in  any  Layman  at  that  Time !  Two  Cardinals  came  from  Rome  in  the  Midfi 
of  thefe  Civil  Wars,  and  brought  Letters  from  the  Pope  to  the  Barons,  to 
perfuade  them  to  be  reconciled  to  their  King  ;  but  they  excufed  thenifclvcj 
from  heaiing  or  feeing  them,  by  faying  that  They  iveic  unlearned  and  brought 
up  to  nothing  but  the  Sivord.  Fabian  had  fecn  the  King's  Verfes,  and  has 
given  us  a  Specimen  of  them  ;  by  which  it  appears  that  a  Mouk  was  hi« 
Schoolmafter. 

Dampnum  rzihi  contulit  Tempere  briimali , 
t'ortuna  fatii  afpera  vehementis  Mali, 
Nullui  eft  tarn  Japiens,  mitis,  ant  fonirfts, 
Tarn  prudens  Virtutibas,  ceterifque  J',imofus, 
Sjuin  Jlultut  reputabitur,  ft  fatis  defpeSiuf, 
Si  Fertunaprcfperos.avertat  Effeflits,  Fabian'j  Chl'OJll 

n  Jojbua  Barntis  Hid.  ofEdw.  Ill,  p.  4.     Tyrrel,  p.  338, 


*f   ENGLAND,  209 

whole  Machine  at  that  Time,  whatsoever  Parts  thefe K'  £Aw*  III, 
Puppets  were  appointed  to  play  in  it. 

On  the  third  of  February,  two  Days  after  the  Coro- 
nation, a  Petition  was  prefented  to  the  King  and  Parlia- 
ment, from  all  thofe  that  had  been  anywife  concerned 
in  the  Quarrel  of  Thomas  Earl  of  Lancajier  b,  «  praying 
«  to  be  reftored  to  their  Eftates,  with  Profits  of  them 

*  from  the  Time  they  had  been  wrongfully  difleized.'     -          .. 
It  was  unanimoufly  agreed,  by  the  Aflent  of  the  whole     «-  !92  J 
Parliament,  *  That  all  Lands  and  Tenements  which 

*  had  been  feized,  by  reafon  of  the  faid  Quarrel  or  Con- 
'  tention,  fhould  be  reftored,  as  well  in  Ireland  and 

*  Wales  as  England^  together  with  their  Profits  and  Ar- 
'  rears  of  Rent,  except  thofe  that  had  been  received  to 

*  the  King's  Ufe.*     And  this  Quarrel  was  affirmed  to 
be  juft  by  the  whole  Body  aflembled. 

On  the  fame  Day  all  thofe  that  came  over  with  the  The  Adherentt 
Queen  and  the  Prince  her  Son,  and  thofe  that  joined  °J  the  late  Earl 

•  L     i  f          L    •      A      •      i  i/-  11         i  °*  Lancajter  par- 

with  them  after  their  Arrival,  were  alfo  pardoned  and  doned,  and  their 
indemnified  by  Parliament.    The  Preamble  to  this  Par-  Eftates  reftored 
don  is  very  long  and   remarkable;  containing  all  the by Aa of Par^** 
Caufes  and  Reafons  of  the  late  Revolution,  according  to™ 
Tyrrely  or  the  Cover,  Pretences,  and  Suggeftions,  of  all 
the  Contrivances    and  Defigns  againft  Edward  II.  as 
Dr.  Brady  terms  it ;  but  fince  it  is  printed  in  all  our  Sta- 
tute Books,  we  (hall  only  give  the  Reader  Mr.  Tyrrefs. 
AbflracT:  of  it,  and  refer  the  more  curious  to  the  Statute 
itfelf c. 

«  It  /r/?  recites  the  Banifhment  of  the  two  leDefpen- 
*fers.  Father  and  Son,  by  Act  of  Parliament :  Second- 
'  /v,  Their  Return  without  the  Confent  of  the  Com- 
'  munity  of  the  Realm  :  Thirdly^  Their  caufing  the 

*  King  to  purfue  Thomas  Earl  of  Lancafter,  and  other 
'  Barons  and  Commons  that  endeavoured  to  oppofe  it ; 
'  in  which  Purfuit  the  faid  Earl,  and  divers  other  Great 

*  Men  and  People  of  the  Realm,  were  put  to  Death  and 
'  difinherited,    and   others    imprifoned,    outlawed,    or 

VOL.  I.  O  baniflied. 

*  The  Record  of  this  Petition,  in  old  French,  is  entered  on  the  Rollt, 
and  is  alfo  in  the  Public  Afii ;  the  Preamble  to  it  is  as  follows  :  Fait  a 
Remember  qe,  le  tierce  Joar  de  Feverier  f  An  du  Rcgne  le  Rot  Edward,  Fitx 
au  Roi  Edward,  Fitx  au  Roi  Henri  f  rimer,  furtnt  mcnjirex  en  Parlemtr.t, 
adoryes  tenu  a  Weftmonftier,  afcun  Petitions,  par  let  Cbivalers,  et  la  CUH- 
KHxes,  dt  la  Quenle  de  C<,ur.t  de  Lancaftre  en  la  Forme  jut  cnfuit,  &C,— — 
Tccd,  Ang.  Tom.  IV.  p.  295. 

c  See  Statute:  at  large,  Anno  Reg.  i  Bdw,  HI, 


2Io  The  Parliamentary  HISTORY 

K,  Ed-ward  III. «  banifhed.  Fourthly,  That,  after  thefe  Mifchiefe, 
«  Robert  Baldock  and  Edmund  Earl  of  Arundel  ufurp'd 
«  to  themfelves  Royal  Power,  fo  that  the  King  could 
'  do  nothing  but  as  they  counfelled  him,  were  it  never 
'«  fo  wrong.  Fifthly -,  That,  after  the  Queen's  going  into 

*  France,  by  the  King's  Will,  and  Common  Council 
«  of  the  Realm,  the  Perfons  above-mentioned  excited  the 
'  late  King  againft  his  Son  Edward  and  the  Queen  his 
«  Confort,  fo  that   they  remained  in  a  Manner  exil'd 
'  from  the  faid  King  Edward  and  the  Realm  of  England^ 
'  wherefore  it  was  necefTary  for  our  Sovereign  Lord  the 

-          -.      '  King  that  now  is,  and  the  Queen  his  Mother,  being 

I  I93  J      «  in  fo  great  Jeopardy  of  themfelves  in  a  ftrange  Coun- 

'  try,  feeing  the  Deftrudlions,  Oppreffions,  and  Difhe- 

*  rifons,  which  were  notorioufly  committed  in  the  Realm 
6  of  England,  upon  Holy  Church,  the  Prelates,  Earls, 
«  Barons,  &c.  and  other  Great  Men,  and  the  Commu- 
«  nity,  by  the  faid  Perfons  above-mentioned,  by  engrof- 

*  fing  Royal  Power  to  themfelves,  to  take  as  good  Coun- 

*  fel  as  they  might ;  and  fmce  they  could  not  remedy  the 

*  fame  unlefs  they  came  into  England  with  an  Army  of 
'  Men  of  War,  and  had,  by  the  Grace  of  God,  with  that 

*  Puiflance,  and  the  Help  of  the  Great  Men  and  the 

*  Commons  of  the  Realm,  vanquifhed  and  deftroyed  the 

*  faid  Parties  above-mentioned,  &V.'    Then  follows  the 
enacting  Part,  viz.  *  That  therefore  our  Sovereign  Lord 

*  the  King  that  now  is,  upon  certain  Petitions  and  Re- 

*  quefts  made  to  him  in  this  Parliament,  upon  fuch  Ar- 
c  tides  as  are  there  above  rehearfed,  by  the  Common 

*  Council  of  the  Prelates,  Earls,  Barons,  and  other  Great 
'  Men,  and  by  the  Commonalty  of  the  Realm  there  pre- 

*  fent,  by  his  Commandment  hath  provided,  ordained, 
'  and  eftablifhed,  in  Manner  following  : 

'  That  no  Great  Man,  nor  other,  of  what  Eftate, 

*  Dignity,  or  Condition  he  be,  that  came  over  with  the 
«  faid  King  that  now  is,  and  with  the  Queen  his  Mo- 

*  ther,  into  the  Realm  of  England,  nor  any  other  then 

*  dwelling  in  England,  that  came  with  the  faid  King  that 
c  now  is,  and  the  Queen  in  Aid  of  them,  to  purfue  their 

*  faid  Enemies,  in  which  Purfuit  the  King  his  Father 
'  was  taken,  and  put  in  Ward,  and  yet  remaineth  in 
'  Ward,  fhall  be  impeached,  molefted,   or  grieved  in 
'  Perfon,  or  in  Goods,  in  the  King's  Court,  or  any  other 

4  Court, 


of 


EN  GLAND. 


R  Court,  for  the  Purfuit  of  the  faid  King,  the  taking  K.Edward  111* 
"  and  with-holding  of  his  Body,  or  Purfuit  of  any  other, 

*  or  taking  of  their  Perfons,  Goods,  or  Death  of  any  Man, 

*  or  any  other  Thing  perpetrated  or  committed  in  the 
4  faid  Purfuit,  from  the  Day  that  the  faid  King  and 

*  Queen  did  arrive,  'till  the  Day  of  the  Coronation  of 

*  the  fame  King.' 

It  appears  by  the  Collection  of  Public  Atts^  that  this 
Parliament  continued  fitting  for  above  a  Month  after  the  [  194  J 
King's  Coronation  ;  in  which  Time  many  Acts  of  State 
were  patted  relating  to  different  Countries  and  Affairs) 
for  the  greater  Security  of  the  prefent  Pofleflbrs.  As  al- 
fo  feveral  Grants  of  Money,  &c.  beftowed  on  the  Queen 
and  her  Accomplices  j  befides  Pardons  and  Indemnifi- 
cations to  a  vaft  Number  of  People,  by  Name,  who 
had  been  concerned  in  the  late  Commotions,  under  the 
Earl  of  Lancafler  and  the  other  Barons.  The  Titles 
of  the  moft  fignificant  of  which  the  Reader  will  find  un- 
'der  this  Note  d.  , 

The  Parliament  being  at  laft  diflblved,  Commiffioriers 
were  fent  to  the  Borders  of  Scotland  to  treat  of  a  Peace*, 
but  the  Scots  refufed  to  treat  with  them  ;  not  only  fo,  but 
they  broke  the  Truce  which  had  been  made  with  King 
Edward  II.  and,  raifing  an  Army,  invaded  England* 
The  young  King  and  his  Mother  made  ready  to  oppofe 
them,  and,  with  the  mercenary  Soldiers  that  came  over 
with  her,  they  marched  againft  them.  The  Scots  were 
fo  regardlefs  of  the  Engli/h  at  that  Time,  that  they  fuf- 
fered  themfelves  to  be  inclofed,  by  their  Enemies,  in  a 
O  2  Place 

d  De  Temporalibus,  ad  Procurationem  Hugonis  le  Defpenfer  junioris  ,  olirr. 
jetentis,  Epifcopo  Norwieenfi  jam  denua  reflituendit.  Feed.  Ang.  Tom.  IV. 
f.  248. 

De  Expenfn  Regime  in  Partibus  Francise,  />.  249. 

Pro  iliis,  qui  fuerunt  de  Querela  Cotnitis  Lancaftriae,  fufer  Finibul-,  de 
jSjfenfx  Parliament!,  relaxandis,  p,  256. 

De  ProcfJJ'u  -jerfus  Epifcofum  Herefordenfem,  Adam  de  Orleton,  quod 
Thomas  Comitis  Lanca^ri;e  adbafit,  babito,  adnullando,  &  Territf  prop- 
terca  in  Manum  Regis  captis,  rejiituendit,  f.  257. 

Adbuc  pro  illis,  qui  fuerunt  de  <$uerela  nuper  Comitis  Lancaftrias  de  Refti- 
tutione  pariter  faeienda,  Liter*  ad  Ficecomitet  complurium  Comitatuumt 
f.  258,  259,  260,  261. 

Pro  Ifabeila  Regina  ad  Debits  fofocrda.    A  Grant  of  20,000  /.  p.  261. 

Ad  Cujiodes  q-uarundam  Terrarum,  fro  Margareta,  qua  fait  Uxir  Bat- 
tholomaei  de  Badelefmere,  £f  aliis  de  Querela  antediEla.  Eadem. 

Ad  Tbefaurariam,  de  Ptnit,  &  ceteris  Redemtionibm,  illii  de  fupradifla 
Quertla  relaxandit,  p,  264. 

AdPabam,  pro  Canonixatione  Thom*  ntiper  Cotnitis  Lancaflrigt.  Liter* 
a^.Diiranda,  f,  268, 


Parliamentary  HISTORY 

K.  Edward  III.  Place  called  Stanhope-Park,  in  the  Bifhoprick  of  Dur- 
ham ;  and  might  have  every  Man  of  them  been  deftroyed 
or  taken,  but  they  found  Means  to  efcape  in  the  Night- 
Time,  and  get  fafe  back  into  their  own  Country.  There- 
Anno  Regni  i.  fore  jt  was  thought  proper  to  call  a  Parliament  to  confult 
*327'        about  the  Security  of  the  Kingdom,  and  other  Matters, 
At  Lincoln,    which  was  to  meet,  September  15,  at  Lincoln.  The  Writ, 
in  which  moft  of  the  Relation  above  is  contained,  bears 
C  195  3      Date  at  Stanhope,  Augujl  7,    in  the  firft  Year  of  his 
Reign  e.  But  tho'  this  Parliament  met  at  the  Time  ap- 
pointed, yet  we  cannot  find  what  was  done  at  it ;  cer- 
tainly nothing  confiderable,  fince  our  Hiftorians  and  Re- 
cords are  fo  filent  about  it. 

An  old  Hiftorian f  writes,  That  it  was  here  the  young 
King  received  Advice  of  his  Father's  Death ;  which, 
to  outward  Appearance,  he  feemed  to  lament  exceed- 
ingly, and  this  might  be  one  Caufe  of  a  fudden  Ditto- 
lution  of  this  Parliament  g. 


" 


Not  long  after  the  King's  Return  to  London  he  held 
a'  a  Parliament,  or  rather,  fays  Tyrrel,  a  great  Council  of 
the  Nobility,  at  Wejlminfter,  Nov.  13,  the  fame  Year. 
WffmlnJler.  jn  thjs  tne  oniy  Matter  that  we  can  find  tranfacled,  was 
confirming  the  Privileges  of  the  City  of  London,  and  or- 
daining feveral  new  Honours  to  the  Mayor  and  Alder- 
men ;  which,  with  feme  other  particular  Grants,  we 
may  fuppofe  was  conferred  on  them,  by  Advice  of  the 
Queen,  and  the  King's  Guardians,  for  their  remarkable 
Attachment,  in  the  late  Revolution,  to  her  Intereft  h. 

This  Year  alfo  another  Parliament  was  fummoned 

At  York,      to  appear  at  York,  on  Sunday  after  Candlemas-  Day,  to 

treat  of  certain  Articles  of  Peace,  which  had  been  pro- 

pounded 

e  Pro  Parliamento  babcndo  fuper  Defenfane  Regni  contra  Scotos.  Feed. 
Ang.  Tcm.  IV.  f.  301. 

f  Henry  Knygbton. 

g  There  is  Mention  made  of  a  Parliament  held  at  New  Sarum,  in  a 
Writ  to  the  Sheriffs,  &e.  to  provide  Horfes,  &c,  for  the  Members  that 
were  coming  to  it.  Ibid.  p.  315. 

lefte  Rege  apud  Novum  Sarum  iiicefimo  Die  O&obris. 

This  Parliament  is  alfo  taken  Notice  of  by  Knygbton,  col.  2553  ;  but 
it  was  hindered  from  meeting,  he  fays,  Nam  Partes  ob-aiaverunt  fibt  fuper 
Planatn  dc  Salifbury,  ibique  fe  ad  Pugnam  paraverunt  ;  fed  per  alias  de 
Regno  impedlti  funt.Jicque  Parliamcntum  diletum  eft  ad  fcjlum  Purijicalionil 
cdebrandun:,  apud  Weftmonaflcrium. 

h  Barnes"  5  Edward  III.  p.  23, 


^ENGLAND.  213 

pounded  between  the  two  Nations  at  Newca/IIe.     But  K«  Edward  III. 

nothing  was  done  at  it,  becaufe  feveral  Bifhops  and  other 

Great  Men  did  not  come  to  this  Meeting,  by  reafon  they 

well  knew  it  was  called  only  to  get  their  Approbation 

of  thofe  Articles,  which  had  been  before  agreed  on  by 

the  Queen  and   her  Council ' ;  therefore  Writs  were  Anno  Regn;  tt 

iflued  out  for  calling  another,  three  Weeks  after  Eajler,  to        1328. 

Northa?npton.  In  this  Parliament,  however,  they  mana-  At t?orti,amptea; 

ged  fo,  that  a  fcandalous  Peace  was  trump'd  up  between 

the  Englijh  and  Scots,  contrived   and  directed   by  the 

Queen  and  Roger  Mortimer.     The  Articles  were,  firfly 

'  That  Prince  David,  Son  and  Heir  to  Robert  King  of 

c  Scots,  fhould  marry  the  Princefs  Joanna  k,  Edward's     C  X96  3 

*  eldeft  Sifter  j  in  Confideration  of  which  he  was  to  grant 

«  the  Scots  King  a  Charter,  to  releafe  all  his  Claim  to  Su-  ^ 
«  periority,  which  Edward  or  his  Anceftors  had,  or  could  w 
'  pretend  to  have,  over  Scotland',  and  to  deliver  up  all  of  Superiority 
<  Charters  and  Inftruments  concerning  the  fame  V  This 
Charter,  it  feems,  by  the  Contrivance  of  the  Powers 
above-mentioned,  was    actually  granted  to   the  Scots 
King ;  and  fince  it  was,  in  Part,  a  Parliamentary  Pro- 
ceeding, we  fhall  give  Mr.  Tyrrell  AbftracT:  of  it,  from 
a  Manufcript  Chronicle,  with  the  further  Acts  of  this 
Parliament  in  his  own  Words  m. 

'  It  begins  with  a  Recital  of  the  dangerous  Wars 
'  and  great  Mifchiefs  that  had  for  a  long  Time  fallen 
'  upon  both  Kingdoms,  by  reafon  of  that  Claim  of  Su- 

*  periority  which  he,  the  King  of  England,  and  his  Pre- 

*  deceflors,  had  made  over  that  of  Scotland :  To  put  an 
«  End  to  which,  he,  by  the  Confent   of  the  Bifhops, 

O  3  Earls, 

«  There  is  in  the  Public  Afit  a  Summons  to  Adam  de  Or/tton,  the  late 
Prelatical  Incendiary,  to  appear  at  this  Parliament,  to  anfwer  for  fome 
illegal  Proceedings  he  had  been  guilty  of,  relating  to  the  Biflioprick  of 
Watcher.  See  Vol.  IV.  p.  330,  331. 

k  Called  by  the  Scots,  in  Denfion.  Joan  Mackpcacc.  Knygbton  calls  her 
Joar.na  de  Turri,  Soror  Regis  Ediaardi.  Col.  2558. 

1  With  the  famous  Evidence,  oiled  Ragman- Roll,  and  many  Jewels  and 
Monuments;  amongft  which  was  one  of  great  Value,  called  the  Black 
Rood,  or  Crcfs  of  Scotland.  Daniel's  Hijlory  cf  England,  in  Kenntt,  p.  a  12. 

In  Confideration  of  which  David  was  to  pay  30,000  Marks  j  Knygltcn 
fays  20,000,  and  that  Mortimer  had  the  Money.  Idem. 

m  Tyi-re!**  Hiftoiy,  p  350,  from  the  Chronicle  of  Lanercofl.  This 
Charter  is  printed  at  large  in  his  sJppendix,  and  is  in  Rymer^s  Fecdtra, 
Tom.  IV  p  337.  Being  dated  at  York,  the  Annotator  on  Rafin  concludes 
that  this  Parliament  was  held  in  that  City.  Fol.  Ed.  p.  409  But  both 
that  Author  and  his  An.iotator  have  jumbled  the  Parliaments  ftrangely  iu 
this  Reign. 


214  The  Parliamentary  HIST  DRY 

K.  Edward  III.  <  Earls,  Barons,  and  Commons  of  his  Kingdom  aflem- 
'  bled  in  Parliament,  grants  to  Robert  King  of  Scotland* 
«  his  Heirs  and  Succeflbrs,  that  they  (hall  hold  their 

*  Kingdom  free,  and  for  ever  difcharged  it  of  all  Subjec- 
«  tions,  and  all  Claim  and  Demand  thereof  from  the 
<  King  of  England,  his  Heirs  and  Succeflbrs,  and  further 

*  renounce  for  himfelf,  &c.  by  thefe  Prefents,  all  former 

*  Obligations,  Agreements,  or  Compacts  made  by,  or 

*  with,  any,  or  either,  of  their  Predeceflbrs  concerning 
'  the  Subjection  of  the  Kingdom  of  Scotland,  or  its  People, 

*  both  of  the  Clergy  and  Laity ;  and  that  if  any  fuch 
c  Charters  or  Inftruments  (hall  be  found,  he  wills  that 

[  19?  ]      '  they  (hall  for  the  future  be  accounted  as  null,  void, 
«  and  of  no  Value.  Dated  at  York  the  firft  Day  of  March  t 

*  An.  Reg.  fecundo.' 

So  that  all  original  Inftruments  of  Homage  from  the 
Crown  of  Scotland  being  now  loft  and  deftroyed,  if  that 
the  Charters  of  Homage  made  by  King  John  Ballot 
were  not  recorded  on  our  Rolls  in  the  Tower,  we  could 
not  be  able  to  prove,  unlefs  by  the  Teftimony  of  our 
Hiftorians,  that  fuch  Charters  had  ever  been  made. 

In  this  very  Parliament  alfo  the  Defpenfer:^  Father 
and  Son,  Edmund  late  Earl  of  Arundele^  who  had  been 
executed  by  the  Queen's  Party,  without  any  legal  Pro-, 
cefs  made  againft  them  ;  Walter  Stapleton,  late  Biftiop 
of  Exeter,  and  Sir  Richard  Stapleton  his  Brother,  both 
beheaded  in  the  Infurrection  at  London*  were  attainted 
of  High  Treafon,  by  the  Direction,  fays  Jofnua  Barnes* 
of  the  Queen- Mother  and  the  Lord  Mortimer.  Whe- 
ther this  Proceeding,  adds  he,  was  out  of  implacable 
Malice,  which  purfued  them  beyond  the  Grave,  or  tq 
cover  their  late  unjuftifiable  Actions  againft  thefe  Perfons 
by  a  Parliamentary  Sanction,  it  is  certain  that,  in  all  the 
Proceedings  of  this  Parliament,  the  Honour  and  Profit 
of  the  King  and  Realm  was  not  fo  much  regarded,  as 
the  Enriching,  Security,  and  Advancement  of  Lord 
Mortimer  k. 

^egnlz.  Some  Matters  of  Moment  happening  foon  after  this 

;i8.  laft  Parliament,  new  Writs  were  iflued  out,   bearing 

^.  Date  Auguft  28,  for  another  to  meet  at  Salijbury  the 

»  >  ufy-  Sunday  next  after  the  ^ulndene^  or  Fifteenth,  of  St.  Mi- 


k  Barnu's  Edward  III. 


^ENGLAND.  215 

chael '.     The  Earl  of  Lancajler,  the  Lord  Wake,  and  K.  Ed^d  III, 
fome  other  Noblemen,  refufed  their  Attendance  at  this 
Meeting ;  the  Earl  giving  for  Reafon,   «  That  being 

*  appointed  by  Parliament  the  King's  Chief  Counfellor 

*  and  Guardian  of  his  Perfon,  the  Lord  Mortimer  had 
'  now  taken  to  himfelf  the  Regal  Power,  and  would  not 
c  permit  him  to  come  near  the  King,  fo  as  to  advife  and 

*  protect  him  according  to  his  Truft.     That  though  it 
'  had  been  decreed  that  no  Perfon  whatfoever  fhould 

*  prefume  to  come  armed  to  this  Parliament,  yet  the     [  X98  ] 
'  Lord  Mortimer  came  with  a  great  many  armed  Men, 

*  by  which  he  the  faid  Earl  did  not  think  his  Perfon  in 
'  Safety.'     This  being  certified  to  the  King  and  Parlia- 
ment, it  was  thought  a  very  reafonable  Excufe  by  feveral 
Lords ;  and  the  King's  two  Uncles,  Thomas  of  Brotherton 
and  Edmund  Earl  of  Kent,  went  over  to  the  Earl  ofLan- 
(after's  Party.     It  was  not  long,  however,  before  they 
deferted  him,  and  the  Earl  of  Lancajler  was  reduced  to 
fuch  Straits,  that,  to  make  his  Peace,  he  was  obliged  to 
afk  Pardon  of  the  Queen  and  Mortimer,  at  the  Head  of 
his  Army. 

At  this  Parliament  the  King's  own  Brother,  John  of 
Eltham,  was  created  Earl  of  Cornwall,  and  Sir  "James 
Botteler,  or  Butler,  of  Ireland^  Earl  of  Ormond :  Roger 
Mortimer,  Baron  of  Wigmore,  was  alfo  made  Earl  of 
March  m. 

The  aforefaid  Lord  Mortimer  being  now  in  the  Ze- 
nith of  his  Power,  fought  to  eftablifh  it  by  the  bafeft 
Means ;  and  judging  that  Edmund  Earl  of  Kent,  the 
King's  Uncle,  flood  in  his  Way,  he  fubtilly  drew  him 
into  a  (ham  Plot,  in  order  to  deftroy  him.  The  Manner 
of  it  is  difcourfed  at  large  by  the  learned  "Jojhua  Barnes, 
in  his  elaborate  Hiftory  of  this  King's  Reign,  but  is  not 
to  our  Purpofe.  Sufficient  it  is  to  fay,  that  Mortimer,  Anno  Regni  3. 
knowing  he  had  Proof  enough  againft  him,  fummoned  a  1329. 
Parliament  to  meet  at  IVinchefter  on  the  I3th  of  March, 
1 3}$.  Here  the  Noble  Earl  was  attainted  of  High  Trea- 
fon,  and,  by  the  unanimous  Confent  of  his  Peers,  ad- 
judged to  Death.  Hiftorians  do  not  agree  in  their  Ac- 
counts, 

1  The  King  himfelf  appointed  Deputies  to  open  this  Parliament,  as 
appears  by  a  Precept  to  the  Prelates,  Barons,  &c.  Dated  at  Marlboroughi 
Oft.  5.  Feed.  Ang.  Tom.  IV.  p.  372. 

a>  Barrel  Ed-ward  111.  p.  30.     j'yrrel  and  BraJy» 


216  7be  Parliamentary  HISTORY 

K.  Edward  Ill.counts  of  the  Caufe  of  it n,  but  think  that  it  was  for  de- 

figning  to  fet  his  Brother,  King  Edward  II.  at  Liberty; 

being  made,  through  Artifice,  to  believe  that  he  was  then 

alive,  and  a  Prifoner  in  Cardiff  Caftle,  in  Wales  °.     No 

f         *     other  Bufinefs  that  we  can  find  was  done  at  this  Par- 


But  it  was  not  long  before  the  Death  of  this  Prince 
was  amply  revenged  on  the  Authors  and  Contrivers  of 
it.     The  young  King  being  now  come  to  a  more  ma- 
ture Age,  and  being  made  a  Father  by  the  Birth  of  a 
Son,  which  his  Queen  brought  him  at  Wood/lock,  after- 
wards called  Edward  the  Black  Prince^  began  to  look 
more  about  him,  and  endeavour  to  {hake  off  the  Fetters 
AniwRegm 4.  ^j^  ^is  Mother  and  her  Minion  had  put  upon  him<*. 
To  that  End  he,  of  his  own  Accord,  fummoned  a  great 
At  Nottingham.  Council,  or  a  Parliament,  to  meet  at  Nottingham,  on 
the  I4th  ofOftober,  in  the  fourth  Year  of  his  Reign r. 
Mortimtr,  Prime ^  was  nere  tnat  the  King's  Eyes  were  more  open,  and 
Minifter,  appre-he  was  better  informed  about  the  Practices  of  his  Mo- 
hended,  ther  ancj  Mortimer;  and  that  he  himfelf  was  in  no  fmall 

Danger  if  Things  continued  in  the  fame  State.  All 
which  being  reprefented  to  him,  by  fome  well-affected 
Lords,  the  King  gave  Orders  to  them  to  feize  Mortimer, 
and  bring  him  to  public  Trial  and  Juftice.  The  Manner 
how  this  Arreft  was  executed  is  largely  told  by  all  our 
Hiftorians,  but  particularly  Mr.  Barnes ;  the  Earl's  Per- 
fon  was  feized,  as  well  as  all  his  Adherents,  in  the  Caftle 
and  Town  of  Nottingham,  and  fent  Piifoneis  to  the 

Tower 

B  Hollingjhead  writes,  that  the  Earl  confefled  before  the  Parliament  that 
he  was  about  to  reftore  his  Brother  to  the  Crown,  by  Command  from  the 
Pope,  and  in  ConjundHon  with  divers  Lords  and  others,  whom  he  there 
named.  Cbron.  p.  348. 

°  Knyghton,  col.  2559-  The  Earl  flood  till  the  Evening  before  the  Caftle 
Gates  at  Wincbefter,  and  no  Man  could  be  found  to  do  the  Execution  j 
Proffer  Pietatem  quam  habebant  de  eo,  nam  damnotus  erat  abfque  commum 
Confenfu.  At  laft  a  Villain,  to  fave  his  own  Life,  beheaded  him.  See 
Rapiu  and  his  Annotator  for  the  Earl's  Confefiwn,  at  large^  before  the 
Parliament,  p  410,  411. 

P  In  the  Public  stfii  there  is  a  Letter  directed  to  the  Archbifliop  of 
Canterbury,  demanding  an  Aid  from  him  and  his  Clergy,  in  Abxiho  centra 
Guerram  Franciae,  which  is  faid  there  to  have  been  granted  in  a  Parliament 
at  Eltham,  in  the  Beginning  of  the  Year  1330,  but  no  further  Account 
can  we  meet  with  about  it.  d$la  Puhlica,  Vol.  IV.  p.  422,  423. 

<}  Froifart  unites,  that  it  was  fufyeftcd  the  Queen  was  with  Child  by 
Mtrtimer  Froifart's  Hiftory,  fol.  14. 

r  Deinde  Rex  tenuit  Conjitium  fuum  afwd  Nottingham,  in  qvindena  S. 
Michaelis,  cum  feae  omnibus  Mppnatitus  R *"£«'•  Knyghton.  col.  2??<!. 
Clauf,  4  Edw.  ill,  m.  29.  d. 


of   E  N  G  L  A  N  D.  217 

Tower  of  London.     After  which,  the  King  being  ztl£.  Ed-ward  m* 

Leicejler,  adjourned  the  Parliament  from  Nottingham  to 

Wejlminfter,  there  to  fit  on  this  extraordinary  Affair, 

the  26th  of  November  following.     The  Writ  for  fum- 

moning  a  new  Parliament,  or  adjourning  the  laft,  being 

in  a  Form  very  unufual,  Dr.  Brady  has  given  us  at 

Length  in  his  Appendix,  and  an  Abftracl  of  it  in  his  Hi-     [  zoo  ] 

ftory.  But  a  much  more  fingular  Writ  than  this,  which 

was  directed  to  the  Archbifliop  of  Canterbury ,  was  fent 

to  all  the  Sheriffs  in  England ;  in  which  the  evil  Defigns 

of  the  late  Minifter,  in  packing  of  Parliaments  to  his 

Purpofe,  is  opeply  declared,  and  fliews  that  this  Practice 

has  a  much  earlier  Date  than  is  ufually  thought  of.     A 

Tranflation  of  which,  out  of  the  Public  Afts,  in  old 

French,  claims  a  Place  in  our  Inquiries s. 

The  KING  to  the  SHERIFF  of  Lancafhire,  Greeting. 
&1NCE  we  have  been  lately   informed  that  feveral j^ King's Wnt 
*^  Opprejffions  and  Hard/hips  have  been  put  upon  many  of  to  all  the  Sheriffs 
the  People  of  this  Realm,  by  fame  that  were  our  Minijlers^EnZland>™\'t!~ 
in  diverfe  Offices,  aided  by  feme  of  our  Nobility,  as  well™*  £££^1 
Privy  Counfellors  as  others,  fo  that  our  Affairs,  by  reafon  Shires,  for  a  Par- 
of  the  Tendernefs    of  our  Age,  were  managed  by  thefe^ament  to  ** 
People  to  our  great  Damage  andDiJhonour,  which  Things^1^^  tha£ 
we  can  no  longer  fuffer,  it  is  our  greateft  Defire  that  all 
Matters  may  be  put  in  their  due  Eftate,  and  thefe  Wrongs 
and  Mifprifions  redrejfed  : 

We  therefore  charge  and  command  you,  on  the  Faith 
which  you  owe  us,  that  immediately  without  Delay  you 
•proclaim  in  your'Jurifdittion,  as  well  within  Liberties  as 
without,  that  ail  thofe  who  can  make  Complaint  of  any 
Oppreflions,  Hardjhips,  or  other  Grievances  to  them  donet 
contrary  to  Right,  and  the  Laws  and  Ufages  of  our  Realm, 
Jhould  appear  at  Weftminfter,  at  our  enfuing  Parliament^ 
and  make  their  Complaints  to  us,  or  to  our  Deputies,  and 
luf  will  fee  that  they  have  as  good  and  fpeedy  Relief  as  in 
Reafon  they  can  defire. 

And,  becaufe  that,  before  this  Time,  feveral  Knights^ 
Reprefentatives  for  Counties,  were  People  of  ill  De/igns^ 
and  Maintainers  of  falfe  Quarreh,  and  would  not  fuffer 
that  our  good  Subjects  fljiuld  Jheiv  the  Grievances  of  the 
common  People,  nor  the  Matters  which  ought  to  It  redref- 

fed 
s  Afta  Publi(a,  Tom,  IV.  p,  453. 


21 8  tfbe  Parliamentary  HISTORY 

H,  Edward  \H  fed  in  Parliament,  to  the  great  Damage  of  us  and  our 

We  therefore  charge  and  command  that  you  caufe  to  be 

tletled,  with  the  common  Confent  of  your  County,  two9 

-          -.      the  mojl  proper  and  mojl  fufficient  Knights,  or  Serjeants l, 

I  201  J     of  the  faid  County,  that  are  the  leaji  J'ufpefted  of  ill  De- 

Jigns,  or  common  M.aintainers  of  Parties,  to  be  of  our  faid 

Parliament^  according  to  the  Form  of  our  writ  which 

you  have  with  you. 

And  this  we  expeft  you  Jhall  do^  as  you  will  efchew  our 
Anger  and  Indignation. 

Given  at  Woodftock^  November  the  third. 

By  the  K  I  N  G. 

The  Parliament  being  affembled  at  Wejlminfler  w,  on 
£  202  ]     the  Day  appointed,  the  young  King,  it  is  faid,  made  a 

Speech 

t  The  Word  here  is  Serjeante,  which  we  have  tranflated  literally,  not 
knowing  well  what  to  make  of  it.  The  Law  Dictionary  fays  this  Word 
fometimes  fignifies  an  Officer  belonging  to  a  County,  the  fame  which  Brae- 
ton  calls  Servientem  Hundred!  t  fo  the  Steward  of  a  Manor  is  called  Ser-uiens 
Manerii.  But  the  true  Meaning  of  the  Word  Serjeante,  as  we  are  informed 
by  a  learned  Judge,  [Mr.  Baron  Smytbi]  is.  Perfons  holding  of  the  Crown 
in  Grand  Serjeanty. 

"  The  Names  of  the  Peers  fummoned  to  this  famous  Parliament,  ex- 
tracted  from  the  Abridgment  of  Parliamentary  Records,  will  not  be  un* 
acceptable  to  a  curious  Reader,  p  5 

Anno  Quarto  Edw    ill   fummonitio  Parliament!. 

Rex,  &c.  Thorn.  Cum.  Noiff  &  M.arefcallo  Anglic,  cffr.  apud  Weftm. 
Die  Lunae  prox.  poft  feftum  S.  Catharina;,  &( .  left,  apud  Leiceft.  per  Reg. 
23  Oclobus. 

Conjlmilei  Liters  diriguntur  fulfcriptls. 

Johanni  Com.  Cornubiae,  Fratri  Re-      Willie),  la  Zouch,  de  Mortuo  Mari 
gis,  Williel.  la  Zouch,  de  Harringworth, 

Henrico  de  Lane.  Ccm  Lane.  Randolfo  de  Dacre, 

Johanni  de  Warren,  Com.  Sur.  Richardo  de  Damoroy, 

Johanni  de  Britannia,  Com.  Richm.      Roberto  de  Morley, 
Roberto  Vere,  Com.  Oxon,  Kugoni  de  Courtney, 

Johanni  de  Bohun,  Com.  Keref.  6f     Johanni  de  Bello  Campo,  dt  Somer- 

Eflex,  fet, 

Tho.  de  Bello  Campo,  Com.  Warr.      Johanni  de  Cromwel, 
David  de  Strabolgi,  Com.  Athole,          Johanni  de  S.  John, 
Henrico  de  Pe:cie,  Fulkoni  de  Strange, 

Roberto  de  Clifford,  Simoni  Warde, 

Willielmo  de  Latimer,  Johjnni  de  Haveringtoa, 

Henrico  Filio  Hugonis,  Johanni  de  Claveringe. 

Johanni  Petche,  Henrico  de  Cobham, 

Johanni  de  Mowbray,  Rogero  de  Grey, 

Rado.  de  Nevil,  Henrico  de  Grey, 

Anth.  de  Lacie,  Stephano  de  Cobham. 

Richarda 


tf   ENGLAND.  219 

Speech  to  them,  complaining  much  againft  the  Conduc"lK«  •&*»*"'<*  IU« 
of  the  Queen  and  Mortimer  ;  and  that,  with  the  Confent  .  no  Re  j 
of  his  Subjects,  he  defigned  to  afTume  to  himfelf  the 
Reins  of  Government,  tho'  he  was  not  yet  arrived  to 
the  Age  prefcribed  by  Law.  The  Parliament  gladly 
confented,  all  the  Members  being  equally  ready  to  fe- 
cond  his  Defigns.  For  this  Hint  of  a  Speech  we  have  no 
better  Authority  than  Mr.  Rapin  ;  where  he  had  his  the 
Marginal  Notes  do  not  declare  ;  it  is  likely  that  the 
Matter  was  propofed  to  the  Parliament  by  fome  of  the 
Miniftry,  it  not  being  the  Cuftom  in  thofe  Days  to 
fpeak  from  the  Throne,  as  the  Reader  will  plainly  find 
in  the  Sequel.  Mr.  Tindal  indeed  has  added,  from  good 
Authority,  that  the  King  refumed  into  his  Hands,  in 
this  Parliament,  all  the  Grants  that  had  been  made  du- 
ring his  Minority. 

The  next  Thing  we  find  done  at  it,  was  the  exhibit- 
ing the  following  Articles  againft  the  Lord  Mortimer^ 
which  we  fhall  here  give,  tranflated  from  the  French 
Original,  now  on  the  Rolls  in  the  Tower,  and  are  in  Dr. 
Brady's  and  Mr.  TyrreFs  Hiftories,  with  the  latter's  Re- 
flections on  the  further  Proceedings  of  this  Parliament  x. 

Thefe  are  the  Treafons,  Felonies,  and  Mifchiefs  done  to 
cur  Lord  the  King  and  his  People,  by  Roger  Mortimer, 
and  others  of  his  Company. 

I.  «  Whereas  in  the  Parliament  holden  at  Wejlmmjler  Articles  of  lm« 
«  next  after  the  King's  Coronation,  it  was  ordained,  Peachmcnt 

asainft  Lord 


Richardo  de  Grey,  Tho.  de  Furnivall,  jut. 

Thomae  Bardolfe,  Johanni  de  Mohun, 

Rado.  Bafl~et,  de  Draiton,  Jacobo  de  Audley, 

Rado.  de  Camoys,  Johanni  Matrevers,  jun» 

Humfredo  de  Poinitz,  Willielmo  Blunt, 

Hugo  de  Audele,  Bartho.  de  Burgherfne, 

Phil.  Darcye,  Henrico  de  Ferrariis, 

Willielmo  de  Eyme.  Johanni  le  Strange, 

Roberto  de  Ifle,  Johanni  le  Sherleton, 

Johanni  de  Marmion,  Baitho.  de  Burgherflie,  Cufttdi 

Philippo  de  Columber,  Quinaue  Pertunm. 

Tho.  de  Furnivall,  fen. 

We  begin  now  to  have  this  and  the  fucceeding  Parliaments  better  and 
more  regularly  enteied  on  the  Rolls  than  formerly.  This  Parliament, 
4  Edward  III.  has  this  Introduction. 

Recorda  et  Memoranda  de  His  que  jiebant  in  Parliament!)  fummonito  afutf 
"Weftmonafterio  Die  Lun/e  proximo  pcft  p'e/lum  Sanfie  Catherine.  An.  Reg. 
fegit  Edvvardi  Tertii  poft  Conqueftum  quarto,  liberata  in  Cancellariam  per 
^enricum  dc  Edenftowe,  Clencum  Parliament!. 

x  Rymer's  Feed.  Tom.  IV.  p.  476,  See  alfo  a  Copy  of  thefe  Articlw 
yj  Knygbtin,  col.  2556, 


"Parliamentary  HISTORY 

K.  Edward  ill.*  That  four  Bifliops,  four  Earls,  and  fix  Barons  fhould 
«  remain  with  the  King  to  advife  him,  and  that  four 

*  fhould  ftill  be  with  him,  viz.  one  Bifhop,  one  Earl, 
'  two  Barons  at  leaft,  and  that  no  great  Bufmefs  fhould 
«  be  done  without  their  Aflent  j  after  which  Parliament 

*  the  faid  Roger  not  having  Regard  to  the  faid  AfTent, 
'  ufurped  to  himfelf  Royal  Power,  and  the  Government 

*  of  the  Realm,  above  the  State  of  the  King,  and  put 

*  out  and  placed  Officers  in  the  King's  Houfe,  and  other 
*          »      '  where  throughout  the  Kingdom,  at  his  Pleafure,  fuch 
I  203  J      t  as  were  of  hjs  party,  and  fee  John  Wayward  and  others 

'  about  the  King,  to  obferve  his  Adtions  and  Words  ; 
'  fo  as  he  was  encompafled  by  his  Enemies,  that  he 
«  could  do  nothing  as  he  would,  but  only  as  a  Man 

*  under  Guard  or  Reftraint. 

II.  «  Whereas  the  King's  Father  was  at  Kenelwortb, 

*  by  Order  and  AfTent  of  the  Peers  of  the  Land,  to  ftay 

*  there  for  his  Eafe,  and  to  be  ferved  as  fuch  a  great 
'  Perfon  ought  to  be  ;  the  faid  Roger^  by  his  ufurped 
'  Power,  which  he  exercifed  over  him  at  his  Pleafure, 
'  ordered  that  he  fhould  be  fent  to  Berkley  Cattle,  where, 

*  by  him  and  his  Confederates,  he  was  traiteroufly,  felo- 
'  nioufly,  and  falfly  murdered  and  killed. 

III.  4  The  faid  Roger ,  by  his  ufurped  Roval  Power, 
'  forbad,  by  the  King's  Writ  under  the  Great  Seal, 

*  That  any  fhould  come  to  the  Parliament  at  Salijbury 

*  with  Force  and  Arms,  under  Pain  of  forfeiting  what- 
'  ever  they  had  to  the  King  ;  yet  thither  he  came,  with 
c  others  of  his  Party,  with  Force  and  Arms  to  the  faid 

*  Parliament,    contrary  to   the  Prohibition   aforefaid  ; 

*  wherefore  divers  Peers  of  the  Land,  as  the  Earl  of 

*  Lancafter  and  others,    knowing  the  Manner  of  his 
"  coming,  would  not  be  there :  And  whereas  the  Pre- 
'  lates  were  affembled  in  one  Houfe,  to  confult  about 
'  the  Bufmefs  of  the  King  and  Realm,  the  faid  Roger 

*  broke  open  the  Doors  of  the  faid  Houfe  with  armed 

*  Men,  upon  the  Prelates,  and  threatened  them  with 

*  Life  and  Member,  if  any  of  them  fliould  be  fo  hardy 
'  as  to  fpeak  or  do  any  Thing  contrary  to  his  Pleafure  in 
'  any  Point.     And  in  the  fame  Parliament,  by  the  faid 
'  ufurped  Power,  he  caufed  the  King  to  make  him  Earl 

*  of  March.,  and  to  give  him  and  his  Heirs  feveral  Lands 

*  in  Difhcrifon  of  the  Crown ;  and  afterwards  the  faid 

Roger 


of   E  N  G  L  A  N  D.  221 

*  Roger,  and  thofe  of  his  Party,  led  the  King  armed K.  Edw*r*  HI, 
«  againft  the  Earl  of  Lancajitr,  and  other  Peers  of  the 

«  Land,  as  far  as  Wincbefter,  when  they  were  coming 
«  to  the  Parliament  at  Salijbury,  fo  that  the  Earl  and 

*  other  Peers,  to  avoid  the  Evils  that  might  have  hap- 

*  pened,  out  of  Regard  to  the  King,  departed  and  went 

*  toward  their  own  Countries,  grieving  that  they  could 
'  not  fpeak  with,  or  advife,  their  Liege  Lord  as  they 
'  ought  to  do. 

IV.  *  The  faid  Roger ',  by  the  faid  ufurped  Power,  cau-     C  204  ] 
c  fed  the  King  to  march  forcibly  againft  the  faid  Earl, 

*  and  other  Peers  of  the  Land,  who  were  appointed  to 
'  be  with  the  King  to  advife  him  ;  and  fo  profecuted  them 
«  with  Force,  that  the  faid  Earl  and  fome  others  of  his 
'  Company,  that  wifhed  well  to  the  Kingdom,  fubmit- 
'  ted  to  the  King's  Grace,  faving  to  them  Life  and  Mem- 
'  ber,  and  that  they  might  not  be  difmherited,  nor  have 
'  too  great  a  Fine  fet  upon  them  ;  yet  he  caufed  them  to 

*  be  fined  fo  grievoufly,  that  half  their  Lands,  if  fold  out- 

*  right,  would  only  pay  it ;  and  others  he  caufed  to  be 
'  driven  out  of  the  Nation,  and  their  Lands  to  be  feized, 
'  againft  the  Form  of  the  Great  Charter,  and  Law  of  the 
«  Land. 

V.  '  Whereas  the  faid  Roger  knew  well  the  King's 

*  Father  was  dead  and  buried,  he,  by  others  of  his  Party, 
'  in  deceivable  Manner,  informed  the  Earl  of  Kent  that 

*  he  was  alive ;  wherefore  the  Earl,  being  defirous  to 

*  know  whether  it  was  fo  or  not,  ufed  all  the  good 

*  Ways  he  could  to  difcover  the  Truth,  and  fo  long, 
6  till  the  faid  Roger,  by  his  ufurped  Royal  Power,  caufed 
'  him  to  be  apprehended  in  the  Parliament  holden  at 
'  lyeflminjler,  and  fo  purfued  him,  as  in  that  Parliament 

*  he  procured  his  Death. 

VI.  '  The  faid  Roger,  by  his  ufurped  Royal  Power* 

*  caufed  the  King  to  give  to  him  and  his  Children,  and 

*  Confederates,   Caftles,   Towns,    Manors,  and  Fran- 

*  chifes  in  England,  Ireland,  and  I'/ales,  in  Decreafe  of 

*  the  Revenues  of  the  Crown. 

VII.  '  The  faid  Roger,  in  deceivable  Manner,  caufed 
'  the  Knights  of  Shires,  at  the  Parliament  at  Winchefter^ 
'  to  grant  to  the  King  one  Man  at  Arms  out  of  every 

*  Town  of  England,  that  anfwered  in  the  Court  of  the 

*  Eyre  by  four  Men,  and  the  Provqft,  (i.  f.  the  Rieve 

or 


222  'The  Parliamentary  Hi  s T on Y 

^..Edward  IIM  or  Bailiff  of  the  Lord  of  the  Manor)  to  ferve  at  thetf 
«  own  Coft,  for  a  Year  in  his  War  in  Gafcoigny  ;  which 

*  Charge  he  contrived  for  the  Advantage  of  himfelf  and 

*  Party,  in  Deftrudlion  of  the  People. 

VIII.  «  The  faid  Roger,  by  his  faid  ufurped  Royal 
«  Power,  caufed  Summons  to  be  fent  to  many  great 
«  Knights  and  others,  that  they  fliould  come  to  the  King 

r    0    1     '  wnere"ever  he  was »  ant*  wnen  they  came>  ne  caufed 
••  2  5  J     '  them  to  be  charged  to  prepare  themfelves  to  go  into 

*  Gafcoigny)  or  fine  at  his  Pleafure  ;  which  Fines  were 
«  for  the  Benefit  of  him  and  his  Party. 

IX.  «  The  faid  Roger,  falfly  and  malicioufly,  made 
'  Difcord  between  the  King's  Father  and  his  Queen  ; 
e  and  poflefled  her,  that  if  (he  went  to  him  fhe  ftiould 

*  certainly  be  killed  with  a  Dagger,  or  otherwife  mur- 

*  dered  ;  and  by  this  Way,  and  his  other  Subtilties,  he 

*  fo  ordered  it,  that  (he  would  not  come  to  her  Liege 

*  Lord  and  King,  to  the  great  Difhonour  of  her  Sort 

*  and  Self,  and  great  Damage  of  the  whole  Realm,  per- 

*  chance,  in  Time  to  come,  which  God  forbid. 

X.  '  The  faid  Roger, \>y  his  faid  ufurped  Royal  Power, 

*  had  caufed  to  be  taken,  for  him  and  his  Party,  the 

*  King's  Treafure,  as  much  as  he  pleafed,  without  Tale, 
'.  in  Money  and  Jewels,  in  Deftrudlion  of  the  King,  fo 
4  that  he  had  not  wherewithal  to  pay  for  his  Victuals. 

XI.  '  The  faid  Roger,  by  the  faid  ufurped  Power, 
c  caufed  to  be  fliared  between  him  and  his  Confederates 

*  the  twenty  thoufand  Marks  which  came  out  of  Scotland 

*  for  the  Articles  of  Peace,  without  any  Thing  received 

*  by  the  King. 

XII.  *  The  faid  Roger*  by  his  above-mentioned  Royal 
'  Power,  received  the  King's  Duties  and  Purveyance 

*  through  the  Kingdom,  as  if  he  had  been  King  ;  and 

*  he  and  his  Party  had  with  them  double  the  Company  of 

*  Men  and  Horfe  that  were  with  the  King,  in  Deftruc- 
'  tion  of  the  People,  not  paying  for  their  Quarters  any 

*  more  than  they  themfelves  pleafed. 

XIII.  *  The  faid  Roger 9  by  his  faid  Royal  Power, 

*  caufed  the  King  to  grant  to  the  Amount  of  two  hundred 

*  Charters  of  Pardon  to  thofe  Irljh  who  had  killed  the 

*  Great  Men  of  Ireland,  and  others,  who  were  in  the 

*  King's  Faith  j  whereas  the  King  ought  immediately 

*  tft 


of   E  N  G  L  A  N  D.  223 

*  to  have  revenged  their  Deaths,  rather  than  pardon  &.  Ed-ward  III* 

<  them,  contrary  to  the  Statute  and  Aflent  of  Parliament  a. 

XIV.  '  The  faid  Roger  contrived  to  have  deftroyed 

*  the  King's  lecret  Friends,  in  whom  he  had  moft  Con- 

<  fidence ;  and  he  furmifed  to  the  King,  in  the  Prefence 

'  of  the  Queen  his  Mother,  the  Bifhops  of  Lincoln  and     [  206  J 
c  Saliflury,  and  others  of  his  Council,  that  his  laid  fecret 
«  Friends  had  excited  him  to  combine  with  his  (the  faid 
c  Roger's)  Enemies  beyond  Sea,  in  Deftruc"Hon  to  the 
'  Queen  his  Mother,  and  of  him  the  faid  Roger  j  and 

*  this  he  affirmed  fo  impudently  to  the  King,  that  he 

*  could  not  be  believed  againft  what  he  had  faid  ;  and  for 
'  thefe  Things,  and  many  others,  not  as  yet  fit  to  be 
'  declared,  he  had  been  apprehended  :  Wherefore  the 

*  King  charged  the  Earls  and  Barons,  the  Peers  of  the 
c  Land,  as  thefe  Things  concerned  himfelf,  themfelves, 

*  and  all  the  People  of  the  Realm,  to  do  right  and  true 

*  Judgment  upon  him  for  the  Crimes  above- written,  as 
'  being  notorious,  and  known  to  be  true,  to  themfelves 

*  and  all  the  People  of  the  Kingdom  V 

Thefe  Articles,  though  fomewhat  long,  are  here  gi- 
ven at  large,  becaufe  they  give  greater  Light  to  divers 
Tranfa6tions  in  the  three  firft  Years  of  this  King's  Reign, 
than  is  to  be  had  any  where  elfe. 

Then  the  Earls,  Barons,  and  Peers,  having  exami- 
ned thefe  Articles,  came  into  Parliament  before  the 
King,  and  they  all  deliver'd  their  Opinion,  by  one  of 
their  Body,  c  That  all  Things  contained  in  the  faid  Ar-  „ 

*  •   i  *  .  .,o  iri  j     H  He  is  condemned 
'  tides  were  notorious,  and  known  to  themfelves,  and  alland  executcd. 

'  the  People  ;  wherefore  they,  as  Judges  in  Parliament^ 
6  by  Aflent  of  the  King,  did  award  and  judge  the  faid  Ro- 

*  ger,  as  a  Traitor  and  Enemy  to  the  King  and  Kingdom  j 

*  to  be  drawn  and  hang'd,  and  commanded  the  Earl  Ma- 
6  refchal  to  execute  the  Judgment,  and  the  Mayor,  Alder- 

*  men,  and  Sheriffs  of  London,  with  the  Conftable  of  the 

*  Tower,  and  thofe  who  had  the  Guard  of  him,  to  be  aid- 

*  ing  and  affiftingwith  the  Earl  Marefchal  at  the  Execu- 

*  tion$  which  was  performed  accordingly  on  the  2gth  of 

November^ 

»  This  Article  is  mofl  wretchedly  mangled  in  both  Dr.  £>tf</y'sand  Mr. 
Turret's  Tranfiadons  j  in  the  Origin  il  it  is  as  we  have  given  it. 

b  The  Original  fays,  Item  h  dit  Roger  compaJJ'udaver  Deftruyt  let  Nur- 
riz  le  /Joy,  &  cei/x  que  furcnt  fa  plui  ftcrex,  Sec.  Norrix,  muft  be  the 
fame  as  NeurijJ'e,  the  King's  Nurfc  j  bat  we  have  not  adventured  to  tranf- 
late  it. 


The  Parliamentary  HISTORY 

K.  Edward  III.*  November  9  1330,  at  a  Place  then  called  the  Elms,  and 

*  now  Tyburn,  the  third  Day  after  the  Meeting  of  this 
«  Parliament.'    His  Body,  after  it  had  hung  two  Days 
and  two  Nights,  was  granted  to  the  Fryars-Minors,  who 
buried  it  in  their  Church,  now  called  Chrijl  Church  d. 

4.          -I         Next,  the  King  in  this  Parliament  charged  the  Earls, 
*•  Barons,  and  Peers,  to  give  right  and  true  Judgment 

againft  Simon  de  Hereford,  Knight,  who  had  been  aiding 
and  advifing  with  Roger  Mortimer  in  all  the  Treafons, 
Felonies,  &fa  for  which  he  was  afterwards  adjudged  to 
die,  as  was  notorioufly  known  to  the  faid  Peers  ;  where- 
upon they  came  before  the  King  in  Parliament,  and  faid 
all  with  one  Voice,  c  That  the  faid  Simon  was  not  their 

*  Peer,  and  therefore  they  were  not  bound  to  judge  him 

*  as  a  Peer  of  the  Land  :  But  fince  it  was  a  Thing  fo 

lr  f      '  notorious,  and  known  to  all  that  he  was  advifins;,  aid- 

As  are  alio  leve-     .  n~n-          i       /-  •  j    r>  •        it    i       »_i      • 

nl  others  of  his  c  ing,  and  afliftmg  the  faid  Roger  in  all  the  Felonies, 

Confederates.     <  Treafons,  and  Villanies  aforefaid,  which  were  to  the 

'  Ufurpation  of  Royal  Power,  the  Murder  of  their  Liege 

*  Lord,  and  Deftruction  of  the  Royal  Blood  ;  and  that 

*  he  was  guilty  of  divers  other  Felonies  and  Robberies, 

*  and  a  principal  Maintainer  of  Robbers  and  Felons, 

*  they,  as  Peers  and  Judges  of  Parliament,  by  AfTent  of 

*  the  King,  do  award  and  adjudge  him,  as  a  Traitor  and 

*  Enemy  to  the  King  and  Realm,  to  be  drawn  and 

*  hang'd  ;  and  the  Earl  Marefchal  was  commanded  to  do 

*  Execution  ;'  which  was  alfo  done  on  Monday  next  after 
the  Feaft  of  St.  Thomas  the  Apoftle. 

But  it  appears  by  the  fame  Parliament  Roll,  that  it 
was  then  alfo  declared,  That  tho'  the  Lords  and  Peers 
in  Parliament  had  for  this  Time,  in  the  King's  Prefence, 
proceeded  as  Judges  to  give  Judgment  upon  thofe  that 
were  no  Peers  ;  yet  hereafter  this  fhould  be  no  Precedent 
to  draw  them  to  give  Judgment  on  any  other  but  their 
Peers,  in  Cafes  of  Treafon  or  Felony. 

Then  the  Peers  proceeded  and  pafTed  Judgment  upon 
the  principal  Actors  in  the  Murder  of  the  late  King  Ed- 
ward, and  the  Death  of  Edmund  Ezr\  of  Kent  ;  and,  for 
the  latter  of  thefe,  Sir  John  Maltravers  being  found 
guilty  in  making  him  falily  to  believe  that  the  faid  King 

W33 


d  PrediSlus  Rogerus  at  Prodi  tor  et  Inimicus  Rtgis  et  Regni, 
et  fufpenfus,  teftio  Kal.  Septembris  afud  Londonias  ;  cujut  Carpus  duebvt 
ehtii  et  Nofiibus  nudum  fendebat  fufer  Furcas,  Delr.de  traditum  eft  Corfui 
ts  Minores  London.     Knjgbtvnt  col,  2.556. 


cf   ENGLAND.  225 

Vtzs  alive,  the  faid  John  was  fentenced  to  be  drawn,  K.  Edward  ill* 

hanged,  and  beheaded  as  a  Traitor,  when  and  where- 

ever  he  (hould  be  found  j  and  the  Peers  prayed  the  King 

to  iflue  forth  his  Proclamation,  That  any  one  who  could     C  208  ] 

take  him  alive,  and  bring  him  to  the  King,  {hould  have 

a  thoufand  Marks  j  and  if  he  could  not  be  taken  alive, 

he  that  fhould  bring  his  Head,  {hould  have  five  hundred 

Pounds  of  the  King's  Gift. 

But  it  feems  ftrange  that  this  Man,  who  is  reported 
by  all  our  Hiftorians  to  be  as  much  concerned  as  any  in 
the  Murder  of  King  Edward^  fhould  not  be  now  con- 
demned for  that,  but  another  lefs^  Crime  j  which  makes 
me  fuppofe,  fays  Tyrrel,  that  there  was  not  fuch  fuffi- 
cient  Proof  made  out  againft  him  of  that  Murder,  as  there 
was  of  the  other :  But,  notwithftanding  this  Price  which 
was  put  upon  his  Head,  it  is  certain  he  was  never  ta- 
ken, but  lived  a  baniflied  Man  in  Germany^  at  the  Time 
when  our  Author  wrote  his  Chronicle  e. 

Further,  the  fame  Judgment  was  given  againft  Eog9 
<de  Bayons  and  John  Daveril,  for  the  fame  Caufe,  and 
he  that  could  take  Bogo  alive,  and  bring  him  to  the 
King,  {hould  have  a  hundred  Pounds  ;  or  if  he  brought 
his  Head,  he  {hould  have  a  hundred  Marks ;  alfo  he  that 
could  take  John  Daveril  alive,  and  bring  him  to  the 
King,  {hould  have  a  hundred  Marks,  or  if  he  could 
bring  his  Head,  he  mould  have  forty  Pounds. 

The  fame  Judgment  was  given  likewife  againft  That- 
mas  de  Gurney  and  William  de  Ocley  for  the  Death  of 
King  Edward,  '  That  they  had  falfly  and  traiteroufly 
*  murdered  him  ;'  and  he  that  could  take  Thomas  alive, 
was  to  have  a  hundred  Pounds  ;  or  if  he  could  bring  his 
Head,  a  hundred  Marks  :  He  that  could  bring  William 
de  Ode  alive,  was  to  have  a  hundred  Marks,  or  for  his 
Head,  forty  Pounds. 

What  became  of  this  de  Ode  we  don't  find,  but  as 
for  Gurney ,  he  was,  not  long  after,  feized  at  Marfeilles* 
in  France^  and  being  put  on  board  a  Ship,  in  order  to 
be  brought  over  to  England^  was,  by  Order  of  the  Cap- 
tain, (who,  no  Doubt,  had  his  Orders)  beheaded  at  Sea  ; 
left,  if  he  arrived,  he  mould  accufefome  Prelates  and  other 
Great  Men,  as  being  privy  in  confenting  to  the  fame 
Crime. 

VOL.  I.  P  At 

«  Adam.de  Mirimeuth,  edkunc  An* 


226  tte  Parliamentary  HISTORV 

K.Ed-ward  III.  At  the  Clofe  of  all  thefe  Judgments  for  Death,  &V, 
is  another  Declaration  of  the  Peers,  4  That  they  fhould 
not  be  drawn  into  Confequence,  nor  be  made  injurious 
to  their  Privileges  for  the  Time  to  come.'  Amongft  the 
Pleas  of  the  Crown  in  this  Parliament f,  there  is  recorded 
the  Arraignment  of  the  Lord  Thomas  de  Berkeley,  for 
the  Death  of  Edward  II.  to  this  Effect ;  For  that  the 
C  209  ]  faid  King  was  committed  to  the  keeping  of  the  faid  Tho- 
mas and  "John  Mahravers,  in  the  Caftle  of  the  faid  Sir 
Thomas  at  Berkeley,  when  he  was  murdered  ;  the  faid 
Sir  Thomas  faith,  '  That,  at  the  Time  of  the  Death  of 

*  the  faid  King,  he  was  fick  at  Bradelye,  without  the 

*  faid  Caftle,  and  knew  not  what  was  done  there,  nor 

*  was  confenting  thereunto;'  and  thereupon  put  himfelf 
upon  his  Trial  by  twelve  Knights,  named  in  the  Re- 
cord, who  found  him  Not  guilty,  nor  that  he  fled,  or 
withdrew  himfelf  upon  it  j  but  fince  he  had  placed  un- 
der him  Thomas  de  Gurney  and  William  de  Ode  to  keep 
the  King,  by  whom  he  was  murdered,  he  had  a  Day 
given  him  to  hear  his  Judgment  in  the  next  Parliament ; 
and,  in  the  mean  Time,  he  was  committed  to  Sir  Ralph 
NevilL>  Steward  of  the  King's  Houfhold. 

In  this  Parliament  Edward,  the  young  Earl  of  Kentt 
was  alfo  reftored  to  his  Father's  Honours  and  Eftate,  as 
hath  been  already  obferved  ;  for,  being  encouraged  thro* 
the  Clemency  as  well  as  Juftice  fhewn  by  the  King  to 
Richard,  Son  of  the  late  Earl  of  Arundele,  he  alfo  pray'd 
to  be  reftored  to  his  Blood,  Lands,  and  Goods,  feeing 
his  Father  was  put  to  Death,  not  being  tried  by  his  Peers, 
according  to  the  Great  Charter  and  the  Law  of  the  Land  ; 
but  becaufe  the  Attainder  was  confirm'd  by  Parliament 
at  Northampton,  he  mended  his  Petition,  and  prayed  to 
be  reftor'd  of  the  King's  meer  Grace  j  which  was  granted 
accordingly. 

Alfo,  in  the  fame  Parliament,  the  Prelates,  Earls,  and 
Barons,  prayed  and  advifed  the  King  to  give  and  grant 
a  Thoufand  Pounds  per  Annum  to  Sir  William  Monta- 
cute,  and  his  Heirs,  for  his  Service  in  taking  Roger 
Mortimer,  Earl  of  March,  and  his  Confederates,  with- 
out Blooclfhed  ;  a  Thoufand  Marks  whereof  was  to  be 
out  of  the  Lands  of  Mortimer.  And,  upon  the  like 
Prayer  and  Advice,  his  Afiiftants,  viz.  Edward  Bohun 

had 

f  Rot.  Psrl,  A.  R,  R.  Edw,  III,  40, 


vf   E  N  G  L  A  N  D.  227 

had  four  hundred  Marks  per  Annum  to  him  and  his  Heirs  ^K.  Edward  III* 
Robert  de  Uffard  three  Hundred,  and  John  Nevill  two 
Hundred. 

The  reft  of  the  moft  confiderable  Tranfa&ions  of  this 
Parliament  are, That  William  Archbifhopof Tork^Stephen 
Bifhop  of  London,  William  Abbot  of  Langdon,  William 
Lord  Zouch  of  Mortimer ,  and  many  others,  who  had  L  2I°  J 
agreed  with  Edmund,  late  Earl  of  Kent,  for  the  Delivery 
of  the  late  King  Edward,  and  been  thereof  impeached, 
were  now  wholly  acquitted,  and  fully  reftored  to  all 
their  Goods  and  Pofleffions. 

It  was  alfo  ordered,  That  thofe  who  had  taken  Up 
Arms  with  Henry  Earl  of  Lancafter  at  Bedford,  in  which, 
the  Mayor  and  Citizens  of  London  were  included,  or  had 
been  concerned  in  the  Matter  of  Edmund,  late  Earl  of 
Kent,  fhould  be  releafed  of  all  Fines  impofed  on  that 
Account ;  and  that  their  Lands,  which  were  therefore 
fcized  into  the  King's  Hands,  (hould  be  reftored  with 
the  Mefne-Profits,  &£.  and  therefore  the  King  pardoned 
Henry  Earl  of  Lancafter,  and  all  thofe  who  took  Pare 
•with  him,  all  Fines  and  Ranfoms  whatfoevef. 

And  farther,  we  find,  that  foon  after  the  News  of 
Mortimer's  Fall,  and  the  Knowledge  of  this  Pardon, 
Thojnas  Lord  Wake,  Hugh  Lord  Audeley,  Henry  Lord 
Beaumont,  Sir  Thomas  RoJ/elin,  Sir  William  Truffel,  Sir 
^Thomas  Withers,  and  the  reft  whom  Mortimer's  Power 
had  forced  beyond  the  Seas,  returned  from  France,  and 
were  received  as  their  Loyalty  deferved  ;  being  by  the 
King  freely  reftored  to  all  their  Lands  and  Pofleffions. 

But  before  we  take  Leave  of  this  Parliament  it  is  ne- 
ceflary  to  obferve,  That  there  was  an  Adi  §  pafled  in  it 
for  the  holding  one  once  a- year,  or  oftener,  as  Occafion 
required.  And  now  this  Parliament,  having  difpatched 
a  great  deal  of  Bufinefs  in  a  fliort  Time,  was  diflblved 
a  little  before  Chrijlmas ;  when  the  King  went  down 
into  the  Country  to  divert  himfelf,  and  kept  that  Feftival 
at  Wells. 

With  Mortimer  fell  alfo  the  Queen-Mother's  Power  And  the  Qneen- 
and  Authority  at  Court  ;  and  tho'  we  find  nothing  in  Mother  made 
the  Records  of  this  Parliament  relating  to  her,  we  may^jfonel  fttt 
fuppofe  it  was  in  Refpedt  to  the  King,  who  dutifully   ' e* 
P  2  declin'd 

g  Vide  Scat,  at  large  4  Ediv.  JII.  cap.  xiv,  This  Aft  is  not  entered 
•h  the  Rolls, 


228 


*Tbe  Parliamentary  HISTORY 


Anno  Regni  5. 
I331- 


[211   ] 


K.  Edward  III.  declin'd  calling  her  into  Queftion.  He  thought  proper 
however  to  confine  her  for  Life,  and  flie  continued  * 
State  Prifoner,  in  the  Caftle  of  Rifings,  near  London, 
all  the  reft  of  her  Days ;  with  an  Allowance  of  three 
thoufand  Pounds  a  Year  for  her  Maintenance. 

In  the  fifth  Yaar  of  this  King's  Reign  he  called  a  Par- 
liament at  Wejiminjler  to  meet  the  Day  after  Michael- 
At  Weftminfter.  mas-Day,  in  which  the  Bifhop  of  Winchejler,  Chancel- 
lor, declared  the  Caufe  of  the  Summons  to  be,  *  Con- 

*  cerning  the  Duchy  of  Guyenne  *,  and  the  King's  Pof- 
'  feflions  beyond  Sea,  whether  Peace  ihould  be  made  or 

*  other  Iffue  put  to  the  Diflentions  between  the  Kings  of 

*  England  and  France,  by  reafon  of  the  faid  Territories. 

*  As  alfo  about  Affairs  in  Ireland,  concerning  the  King's 

*  going  thither,  to  ordain  how  Peace  might  be  the  beft 

*  kept  in  that  Nation.'     It  was  agreed  that  the  King's 
Bufmefs  fhould  be  preferred  before  any  other. 

Upon  this  the  Chancellor  applied  himfelf  to  the  Pre- 
lates, Earls,  Barons,  and  other  Great  Men,  for  their 
Advice,  '  Whether  they  thought  it  beft  for  the  King 
«  to  proceed  by  Way  of  Procefs  of  War,  or  by  an  ami- 

*  cable  Treaty  with  the  K^ing  of  France,  for  the  Refti- 

*  tution  of  Guyenne  ?'   The  Parliament  agreed  to  the 
laft,  as  the  leaft  dangerous  Way  of  proceeding ;  and 
that  the  King  was  to  nominate  Commiffioners  for  that 
Purpofe ;  who  accordingly  named  the  Archbifhop  of 
Canterbury,  the  Chancellor  and  Treafurer,  the  Bifhops 
of  Ely  and  Worcefter,  the  Earls  Marefchal  and  Warren, 
Sir  Henry  de  Beaumont,  Sir  Henry  de  Percy,  Sir  Hugh 
de  Courtnay,  Sir  Geoffry  le  Scrape,  Sir  William  de  Herle^ 
Sir  ''John  de  Stonere,  and  Sir  'John  de  Cantebrigg,  [Cam- 
bridge"] to  take  out  of  this  Number  whom  he  pleafed, 
to  be  fent  as  AmbafTadors  to  the  French  King,  in  order 
to  treat  of  a  Peace,  and  a  good  Agreement  between  them. 

As  to  Ireland,  it  was  refolved,  *  That  the  King  in  Per- 
fon  fhould  go  thither ;  but,  to  prepare  his  Way,  a  cer- 
tain Number  of  Forces,  under  able  Commanders,  fhould 
be  fent  before  him,  and  that  thofe  efpecially  that  held 
any  Lands  there,  fhould  go  fpeedily  over  for  the  De- 
fence of  that  Kingdom.'  Alfo  it  was  ordained,  'That 
all  learned  Men  in  the' Law,  who  fhould  be  appointed 
as  Juftices,  Ihould  by  no  Means  be  excufed  on  any 

Pre- 

i  Duckte  dt  Guyenne,    Rot.  Parl,  5  Ed-w.  III. 


of   E  N  G  L  A  N  D.  229 

*  Pretence  whatfoever.'     And  further,  it  was  ordered,  K«  Edward  111. 

*  That  Search  fhould  be  made  into  his  Majefty's  Records, 
4  to  fee  what  Methods  had  been  formerly  taken  for  the 

*  civilizing  and  well-governing  the  People  of  Ireland. 

In  this  Parliament  Sir  Hugh  Defpenfer,  Grandfon  and  Several  Pardont 
Son  to  the  two  former  Hughs?  put  to  Death  by  Queen  granted. 
Ifabelznti  Mortimer ',  having  obtained  the  King's  Pardon, 
for  valiantly  defending  his  Caftlefrom  the  C^een,  was 
now  wholly  acquitted  of  that  Crime,  and  his  Bail  dif- 
charged c.    Thomas  Lord  Berkeley ,  who  was  alfo  acquit- 
ted laft  Year,  petitioned  to  have  his  Manuprifors  dif- 
charged ;  and  it  was  done  accordingly.    Mr.  Barnes  ob- 
ferves,  That  it  was  the  Cuftom  in  thofe  Days,  when  any     [  212  ] 
one  had  been  tried  as  an  Offender  againft  the  King,  and 
was  acquitted,  or  had  his  Pardon,  yet  neverthelefs  he 
was  to  provide  twelve  of  his  Peers  to  be  Sureties  for  his 
forth-coming  during  the  King's  Pleafure.   The  Difcon- 
tinuance  of  which  Cuftom,  adds  he,  has  been  too  ufe- 
ful  to  Traitors  in  our  Days  d. 

It  was  here  alfo  moved  in  full  Parliament,  either,  fays 
our  Author,  in  Compaffion  of  Innocence,  or  becaufe  all 
their  Refentment  was  fatisfied  in  the  Execution  of  Mor- 
timer^ that  the  King  would  be  gracioufly  pleafed  to  ex- 
tend fome  Favour  to  Edmund,  eldeft  Son  to  the  late  Earl 
of  March.     At  which  bold  Requeft  the  King  being  of- 
fended, as  imagining  that  they  petition'd  for  a  full  Refto- 
ration  of  his  Father's  Lands  and  Honours,  afked  them 
with  fome  Emotion,  c  What  they  would  have,  fince  his 
Father  had  been  murdered  by  the  Procurement  of  the 
faid  Earl  ?'  The  Parliament's  Anfwer  was,  'That  they 
only  fpoke  in  the  young  Man's  Behalf  for  fome  certain 
Lands  entailed.'     To  which  the  King  replied,  'That 
he  would  do  in  that  Matter  what  he  himfelf  thought 
fit.'     This  Severity  is  faid  to  have  broke  this  young 
Lord's  Heart ;  but  his  Son,  then  a  Child,  was  reftored 
to  all  his  Grandfather's  Honours  and  PoiTeiHons,  three- 
and- twenty  Years  after,  by  this  very  King. 

In  this  Parliament  it  was  agreed,  that  all  Featsof  Arms, 
as  Jufts,  Turnan\ents,  &c-  fhould  be  forbid,  as  well  by 
the  Juftices  as  others,  untill  the  King  and  his  Council 
ihould  otherwife  appoint.  p  .  .<- 

'  The  Bones  of  his  Grandfather  and  Father  were  alfo  granted  to  him  to  be 
taken  down  and  burisd  in  Chriftian  Burial.    Feed.  Ang*  Tom,  IV,  p.  46  \» 
4  Garnet's  Edw.  Ill,  f.  63.     'J'itKf.  Car.  11, 


230  e^>e  "Parliamentary  HISTORY 

KM  Edward  III.  Alfo  that  Ifabel^  the  Queen  -  Mother,  fhould  hav$ 
yearly  three  thoufand  Pounds,  in  Rents  and  Lands,  al- 
lowed her  for  her  Maintenance. 

And  that  none  of  the  Eftates  in  Parliament  fhould  re- 
tain, fuftain,  or  avow  any  Felon,  or  other  common 
Breaker  of  the  Law.  Alfo, 

It  was  enacted,  That  no  Purveyance  of  Victual  fhould 
be  made,  but  for  the  King,  Queen,  and  Royal  Family, 
and  that  by  good  Warrant  and  ready  Payment e. 

An  Ordinance  was  made  to  regulate  the  current  Coin 
of  the  Kingdom,  which  had  been  counterfeited  abroad, 
and  was  imported  by  foreign  Merchants. 

Laftly,  it  was  agreed  by  the  King  and  his  whole  Par- 
liament, That  the  Bifhop  of  London  fhould  refide  near 
the  King  till  the  Meeting  of  the  next  Parliament,  in 
order  to  advife  for  the  beft,  along  with  the  Chancellor, 
Treafurer,  and  others. 

The  Neceffity  of  the  King's  Affairs  obliging  him  to 
have  frequent  Parliaments,  another  was  fummoned  by 
I  2I3  ]     Writ  to  meet  at  Wejlmlnfter^  March  12,  1332;  reciting 
Anno  Regni  6.  in  the  Summons  the  King's  Reafons  for  calling  them. 
1332-        Where,  that  we  may  fee,  fays  Jojhua  Barnes ,  (who  we 
r.  find  had  diligently  fearched  into,  and  examined,  all  the 
Records  of  this  Reign)  what  prudent  Care  was  then 
taken,  by  thefe  auguft  Affemblies,  that  their  Debates 
fhould  not  be  awed  by  Fear,  or  difturbed  by  Tumults, 
it  was  firft,  by  the  King's  Order,  proclaimed,  '  That  no 
Man,  upon  Pain  of  forfeiting  all  his  Subftance,  fhould 
prefume  to  ufe  or  wear  any  Coat  of  Metal,  or  other 
Weapon  ofFenfive  or  defenfive,  in  London^  lyejlminjler^ 
or  the  Suburbs  of  the  fame  f :  And  alfo  that,  during 
the  Time  of  this  Seflion,  no  Games,  or  other  Plays,  or" 
Men,  Women,  or  Children,  fhould  be  ufed  in  IVeft- 
minjler,  to  the  Difturbance  of  the  Parliament.'    Here 
alfo,  adds  he,  we  fhall  mention  the  laudable  Cuftom  of 
Parliaments  in  thofe  Days,  whereby  certain  Committees 
were  appointed  not  only  to  be  Receivers,  but  alfo  Tryers 
of  Petitions,  who  were  to  inquire  of  the  Matter  of  Fa£t 
expreffed  in  the  Petition;  that  fo  it  might  be  cleared  and 
rightly  ftated  before  it  came  to  be  debated  in  lull  Parlia- 
ment : 

«  Barnes's  Edio.  III.  p.  64,   See  Statutes  at  large,  An.  Reg.  5  Edw.  III. 
f  The  Arms  prohibit  were  Coats  of  Mail,  Haubergeons,  Swords,  Of 
long  Knives,    Rot,  Part.  6  Edw,  III,  N'.  3. 


of   ENGLAND.  231 

ment:  But  of  this  we  have  more  largely  treated  in  a  K,  Edward  HI, 
former  Reign. 

At  the  Meeting  of  this  Parliament  the  Chancellor 
opened  the  Sellion  with  a  Speech  in  the  Nature  of  a  Ser- 
mon g,  more  fully  declaring  the  King's  Reafons  for  call- 
ing them  :  The  Purport  of  which  was  to  acquaint  them, 

*  That  his  Majefty  had  received  a  Meflage  that  the 

*  King  of  France,  with  many  other  Kings  and  Princes, 

*  having  appointed  to  go  to  the  Holy  Land*  in  the  pre-£AMnj  invitolf 

*  fent  Month  of  March,  they  much  defired  the  Company  by  the  King  of 
c  of  the  King  of  England,  for  the  better  {lengthening^"""'  to  go  to 
'  themfelves  againft  the  common  Enemy  of  Chriften- the Iio}Lan  • 

*  dom;  the  King  therefore  defired  the  Advice  of  this 

*  Parliament,  whether  it  was  proper  to  accompany  them 

*  in  this  Expedition  or  not.'    Then  Sir  Geoffrey  Scrape  of 
JMaJham,  in  the  King's  Prefence,  and  at  his  Command, 
declared  further,  '  That  this  Meeting  was  called  as  well 

*  to  redrefs  the  Breaches  of  his  Laws  and  his  Peace,  as 

*  for  the  Voyage  to  the  Holy  Land :  That  the  King  was 

*  informed,    and  it  was  notorious  to  all,  that  divers 

*  People,  defying  the  Law,  were  gathered  together  in 

*  great  Companies,  to  the  Deftru&ion  of  the  King's     [  214  } 

*  Subjects,  the  People  of  Holy  Church,  and  the  King's 

*  Juftices;  taking  and  detaining  fome  of  them  in  Prifon, 
c  untill,   to  fave  their  Lives,  they  had  received  great 

*  Fines  and  Ranfoms,  at  the  Pleafure  of  the  Evil-doers; 

*  putting  fome  to  Death,  robbing  others  of  their  Goods 

*  and  Chattels,  and  doing  other  Mifchiefs  and  Felonies.' 
Therefore  he  the  faid  Sir  Geoffry,  on  Behalf  of  the  King, 
charged  the  Prelates,  Earls,  Barons,  and  others,  there 
aflembled,  on  their  Faith  and  Allegiance,  «  That  they 

*  (hould  advife  him,  firft,  concerning  his  Voyage  to  the 
c  Holy  Land,  which  he  very  much  defired  to  undertake ; 

*  as  alfo  how  the  Peace  might  be  kept,  and  how  thefe 

*  Rioters  might  be  chaftifed  and  retrained  from  their 
'  Wickednefs.' 

After  thefe  Speeches  were  ended,  the  Archbifhop  of 
Canterbury  flood  up  and  faid,  '  That  it  did  not  properly 

*  belong  to  their  Function  to  be  prefent  at  criminal  De- 
'  bates ;'  and,  with  a  Provifo  of  referving  their  Rights 
flill  to  themfelves  and  Succeflbrs,  withdrew,  with  the 
Fro&ors  of  the  Clergy,  to  confult  by  themfelves.     The 

«  Earh, 

Z  En  Faurmc  de  Prcdicacisnt 


232  W*  Parliamentary  HISTORY 

K.Edward  III,  Earls,  Barons,  and  other  Grandees,  confulted  alfo  apart, 
and  the  Reprefentatives  of  the  Commons  apart,  they  at 
that  Time  having  no  particular  Speaker. 

The  Refult  of  thefe  feparate  Confutations  was,  that 
the  Lords  and  Great  Men  returned  into  the  King's  Pre- 
fence;  and,  by  the  Mouth  of  Sir  Henry  Beaumont^  whom 
they  had  then  chofen  to  deliver  it,  declared  that  their 
Advice  to  the  King  was,  '  That  he  {hould  ordain  Ju- 
Peacffirfl :  !p!    '  ^^  »«  every  County  of  the  Kingdom,  for  the  Con- 
pointed.  '  fervation  of  the  Peace  againft  Offenders,  with  Power 
f  to  punifh  and  reprefs  them;  and,  further,  that  certain 

*  Officers  fhould  be  appointed  for  apprehending  Male- 

*  factors,  and  levying  the  Hue-and-Cry  V    Accordingly 
Commifiions  were  iffued  out  to  the  Sheriffs,  and  beft 
Men  of  every  County,  to  apprehend  and  imprifon,  and 
raife  the  Poffe-Comitattts  againft  them,  and  caufe  them 
to  be  indicted  and  punifhed  according  to  their  Deferts. 

The  Prelates  and  Clergy  had  drawn  up  a  Sentence  of 
Excommunication  againft  thefe  Malefactors,  which  was 
agreed  to  by  the  King,  Earls,  Barons,  Knights  of  Shires, 
f  11  c  1  an^  Commoners  *,  and  ordered  to  be  pronounced  againft 
them  in  the  Church  of  St.  Paul,  London,  and  afterwards 
fent  to  all  the  Bifhops  in  England,  to  be  publifhed  in 
their  refpective  Diocefes.  In  which  Sentence  were  in- 
cluded, *  All  thofe  who  difturbed  the  Peace  and  Quiet 

*  of  Holy  Church  and  the  Realm ;  efpecially  fuch  as 

*  made  Alliances  and  Affociations,  by  Covenants,  Obli- 

*  gations,  or  Confederacies ;  all  the  Receivers,  Favourers, 

*  or  Defenders  of  them  ;  and  all  fuch  Covenants,  Obli- 
'  gations,  Confederacies,  and  Alliances  were  declared 
«  void.'     To  which  the  Prelates  added,  *  That  if  any 

*  Oaths  had  been  taken  to  confirm  them,  they  alfo  were 

*  annulled  and  made  of  no  Effect.' 

Thefe 

k  Lever  Hu  et  Crie.     In  Orig. 

"We  have  not  altered  the  Text  here,  as  it  runs  in  our  firft  Edition,  but  we 
have  lince  found  that  Juftices  of  Peace  were  made  earlier  than  this  Time, 
vix.  the  firfl  of  this  King,  Anno  1327  :  For  in  the  Statutes  at  large  in  that 
Year,  chap.  xvi.  there  is  this  Title,  Who  Jball  be  aj/igned  Jujtices  and 
Keepers  of  the  Peace  :  And,  in  the  Body  of  the  Act,  7  be  King  wills  that,  :>i 


eiiery  County  ,  good  and  lawful  Men,  which  be  no  Maintainen  ttf  Evil, 

the  Country 
See  alfo  Statute  4  Ed-ward  III.  cap.  ii.     Statutes  at  large 


,  , 

Barretters  in  the  Country,  Jball  be  ajjigncd  to  keep  the  Peace, 


Par  noftre  Seigneur  le  Roy,  Prelatx,  Countes,  Barons,  et  outre 
Cbivaltrs  de  Ceuatces,  Centxi  de  Cw.mur.e,  &c,    la  Orig.  N°.  5, 


of   E  N  G  L  A  N  D.  233 

Thefe  domeftic  Difturbances  had  been  occafioned  by  K.  Edward  ill. 
Defect  of  good  Government  during  the  King's  Mino- 
rity j  by  which  a  great  many  bold,  diflblute  Fellows  had 
aflbciated  themfelves  in  great  Companies,  and,  keeping 
the  Woods  and  Forefts,  robb'd  all  that  pafled  thofe 
Ways.  Their  Infolence  was  at  that  Time  grown  to  fuch 
a  Height,  that  they  took  Sir  Robert  IVilloughby^  the 
Lord  Chief  Juftice,  then  travelling  towards  Grantbam, 
to  put  the  Statute  of  Trail- Bajlon  in  Execution  againft 
fuch  Malefactors,  and  forced  him  not  only  to  pay  a  Ran- 
fbm  for  his  Life,  but  to  fwear  never  to  difcover  them. 
However  he  complained  to  the  King  and  Parliament  of 
this  Villainy,  which  occafioned  the  foregoing  Regula- 
tions to  be  made. 

After  fettling  their  domeftic  Concerns,  this  Parliament 
went  upon  the  Confideration  of  foreign  Affairs  ;  and  it 
was  unanimoufly  agreed,  That  the  Time  mentioned  by 
the  French  King,  for  Edward  to  join  with  him  in  the 
Crufade,  was  too  fhort  for  that  Purpofe. 

Then  Sir  Geoffry  Scrape,  by  the  King's  Command, 
told  them,  '  That  whereas,  in  the  laft  Parliament  at 

*  Wejlminjler^  it  had  been  agreed  that  the  Differences  on 

*  Foot  between  the  Kings  of  England  and  France^  con- 
'  cerning  the  Territories  beyond  Sea,  fhould  be  recon- 

'  ciled  by  Treaty,  by  Way  of  Marriage,  or  by  fome     p      g  -. 

*  other  amicable  Manner ;  that  thereupon  the  King  had     *• 

*  fent  his  Commiffioners  to  the  French  King,  who  had 

*  treated  with  them,  and  reported  back,  that  his  Maje- 
<  fty  of  France  told  them,  that  if  it  pleafed  their  Mafter 
'  to  come  over  in  Perfon,  he  would  mew  more  Favour 
6  to  him  than  to  any  other.    Wherefore  it  was  necefTary 

*  to  fend  fpcedily  to  the  faid  King,  and  for  this  End  the 
c  Advice  of  the  Parliament  was  demanded,  whether  the 

*  King  mould  go  over  in  Perfon  or  not.'  The  Parliament 
confented  to  his  going,  in  Hopes  that  all  Obftacles  to- 
wards an  Agreement  between  them  might  be  thereby  re- 
moved, and  much  Advantage  accrue  to  the  Realm.  They 
advifed  alfo,  th*t  the  Irijb  Expedition  might  be  poflponed 
for  this  Year;  but  that  an  Army  ftiould  be  fent  over  in- 
to that  Country. 

There  are  fame  Obfervations  which  muft  neceflarily 
be  made  on  the  Conduct  of  this  particular  Parliament, 
hi  order  to  illuftrate  our  Hiftorical  Proceedings.  It  is 

re- 


The  Parliamentary  HISTORY 

remarkable  that  this  is  the  firft  Time  that  we  can  find 
that  the  Commons  ever  feparated  from  the  Lords  and 
made  a  diftinct  Houfe  by  themfelves,  though  without  a 
Speaker.  Alfo  that  the  lower  Clergy  were  prefent  at 
this  Parliament,  reprefented  by  their  Procters,  fat  by 
themfelves,  the  Bifhops  included,  and  not  with  the  Lay- 
Commons,  as  fome  Writers,  without  any  juft  Grounds, 
have  alTerted.  It  feems  here,  likewife,  that  Juftices  of 
Peace,  fuch  as  we  have  at  this  Day  in  Power,  were  firft 
eftablifhed  *.  And  laftly,  that  tho'  this  Parliament  did 
not  fit  a  whole  Week,  yet  it  {hews  how  much  Bufmefs 
was  difpatched  in  a  few  Days,  when  all  Things  were 
drawn  up  and  ready  prepared  by  the  King  and  his  Coun- 
cil beforehand.  Yet,  tho'  the  King  gave  Leave  for  the 
Knights  of  Shires,  Citizens  and  Burgefles,  with  thofe  of 
the  lower  Clergy,  to  return  home,  he  ordered  the  Lords 
and  his  Counfellors  in  Parliament  to  tarry  longer,  to 
liave  their  Advice  in  fome  other  Matters  of  great  Mo- 
ment which  he  had  to  propofe  to  them. 

About  this  Period  an  Opportunity  offered  for  this  King 

f  217  ]  Edward  to  recover  all  in  Scotland  which  his  Father  had 
loft.  Some  Enghjk  Lords,  who  were  Borderers  to  that 
Kingdom,  judged  this  a  fit  Time  t6  revenge  the  late  In- 
juries on  the  Scot$)  becaufe  David  Bruce  their  King  was 
a  MKnor,  and  their  two  great  Generals,  Douglas  and 
Randolf,  both  dead  :  Having  made  the  Lord  Baliol  their 
General,  they  firft  invaded,  and  then  carried  on  their 
Conquefts  in  that  Kingdom  with  great  Succefs.  The 
News  of  thefe  Exploits  had  not  yet  reached  England', 
.  and  Edward  had  called  another  Parliament  to  meet  on 

Lnno  Regn,  6.  the  ^  of  ^^^  k  at  /^OT/^r,  the  fame  Year, 

where  the  Bifhop  of  Winchejler,  Lord-Chancellor,  de- 
clared,  '  That  the  Caufe  of  their  meeting  was  about 

*  the  Affairs  of  Ireland,  and  the  King's  going  over  there 
'  in  Perfon  to  quell  the  Rebels,  who  had  done  great 

*  Mifchiefs  in  that  Country.'    The  Parliament  adjourn- 
ed to  Iburfday  following,  to  confider  of  this  Affair,  they 
were  alarmed  with  fome  fudden  News  out  of  the  North, 
which    made  them   fear   an  Invafion   from   the  Scots  ; 
\vhereupon  the  Lords  and  Commons  did  each,  by  their 

feveral 

i  Called  in  the  Record,  Gardeins  des  Ceuntees,  pur  k  Pees  garder,  it 
FF.mpefcbement  da  Mah-'i'ys,  &c. 

k  Lendtmayntle  la  Nativitf  nctre  Dame,  par  Jour  de  Mefkeicli  flVIecrediT 
•£<*.  Purl.  6  Edw.  Hi.  in  Tituh, 


^/ENGLAND.  235 

feveral  Petitions,  advife  and  requeft  the  King  not  to  go  K-  Edward  Hf. 

into  Ireland,  but  to  fend  a  diffident  Supply  of  Men  and 

Money,  whilft  himfelf  marched  a  ftrong  Army  towards 

the  North,  in  order  to  watch  the  Motions  of  the  Scots. 

For  this  Expedition  the  King  had  a  Fifteenth  granted  A  Supply  grant- 

him  of  all  the  Perlbnal  Eftates  of  the  Prelates,  Lords,  ed  for  the  Reco- 

and  Knights  of  Shires  ;  and  a  Tenth  of  the  Cities  and  ver*  of  Seotland' 

Boroughs'"  :  But  they  defired,  *  That  the  King  would 

«  pleafe  to  live  of  his  own,  without  grieving  his  Subjects 

*  by  outragious  Prizes,  or  fuch-like  illegal  Taxations.' 

Hereupon  the  King  revoked  the  late  new  Commiflion 

for  raifing  of  certain  Tallages  or  Cuftoms,  and  promifed 

from  henceforth  to  fettle  the  fame  according  to  the  old 

Rates,  and  in  fome  Hafte  broke  up  this  Parliament. 

Very  foon  after  this  Parliament  was  diflblved,  the 
King  removed  his  Court  to  York,  in  order  to  receive  the 
fpeedier  Account  of  the  Pofture  of  Affairs  in  Scotland. 
Here  it  was  that  he  met  the  agreeable  News  of  the  Suc- 
cefs  gained  by  the  Lords  aforefaid  ;  and  that  they  had 
actually  gone  fo  far  as  to  bring  about  a  Revolution  in 
that  Kingdom,  and  to  crown  Baliol  King  of  Scotand  at 
Scoon.  Edward,  upon  this,  immediately  fummoned  a 
new  Parliament  to  meet  at  York,  a  few  Days  before  the  L  21°  J 
Feaft  of  St.  Michael ;  but  they  did  not  meet  till  the 
2d  of  December  following  n.  We  find  that  Sir  Geof- 

fry 

in  In  a  marginal  Note  in  our  Copy  of  the  Records  is  put,  Le  151^6  de 
la  Ccmmuniaute  et  le  icme  de  Citeys  et  Bourgt,  a  Caufe  que  le  Mtrcbands  et 
Gens  de  me/her  font  riches  ea  Argent, 

n  The  King's  Letter  to  the  Archbifliops,  Biftiops,  &c.  appointing  cer- 
tain Perfons  to  open  this  Parliament  in  his  Stead,  is  as  follows  : 

Rtx  Arcbiepifcopii,  Epifcopis,  Abbatibus,  Prioribus,  Ccmitibus,  Baroni* 
bus,  Mititibus,  &  omnibus  a.'iis,  ad  in/lavs  Parliament um  nojirum  fummo- 
nitum,  conventuris,  falutem. 

Quia  proffer  aliquai  certai  Caufas  fumus  ad  prtffens  preepcditi,  qucm:nus, 
ijla  Die  Veneris,  apud  locum  prtedittum  ferfoaaliter  accedere  -valiamus, 
Act, 

De  Circumfpeftionit  &  Indnflritf  Magnitudinc  dileftorum  &  fdilium  no- 
frorum  Verierabiln  Patris  W.  Eborum  Arcbitpifcopi,  Angliz  Primatist 
Magiftri  Roberti  de  Stratford,  &  Galfridi  le  Scrope,  plenam  Fiduiiam  ob.- 
tirentes  ;  eh,  &  duobut  eorum,  ad  incboandum,  Nomine  neftro,  Parlia-  *0 

mentum  prtedifium,  6f  ad  faciendum  ea  jute  fro  nobit  £?  per  not  facienda 
fuerint,  ufque  Adventum  nojirum  ibidem,  plenam  tenure  Preefentium  commit" 
timui  Poteji.item. 

F.t  ido  vcbii  mandamus  qut  eifdem  Arckiepifcepo,  Roberto  £f  Galfriilo, 
&  duobus  eorum ,  intcndentet  Jit  is  in  Preemijjts  in  Forma  pretdifla. 
fa  cvjui,  £fc. 

T'ftt  Kege  d/>«</Knare/burgh,  frimt  Die  Deccmbris. 

Per  Breve  de  Private  Sigillo. 
fpJ,  Ang.  Tom  IV.  p.  539. 


236  ffie  Parliamentary  HISTORY 

K,  Edward  ill.  fry  Scrope  was  again  the  King's  Prolocutor  on  this  Oc- 
cafion  ;  and  declared  the  Reafon  of  that  Meeting  was, 

*  That  the  King  having  lately  underftood  that  the  Lord 

*  Ballol  had   caufed  himfelf  to  be  proclaimed  King  of 
'  Scotland,  and  that  the  Truce  with  David  Bruce  was 
'  newly  expired,  he  demanded  their  Advice  whether  he 
'  fliould  fail  upon  Scotland,  in  his  own  Name,  and  claim 

*  the  Dominion  thereof  as  his  own  Right  ;  or  elfe,  by 

*  joining  with  King  Baliol,  ftiould  take  the  Advantage 
'  of  recovering  the  Homage  and  Services  his  Anceftors 
'  had  enjoyed.'     But  becaufe  great  Part  of  the  Prelates 
and  Clergy  were  abfent,  nothing  was  then  refolved  on, 
but  the  Parliament  was  adjourned  to  the  O&aves  of  St. 
Hilary^  or  the  5th   of  January  following;  the  King 
being  obliged  to  fend  out  frefh  Summons,  ftri&ly  en- 
joining all  Perfons  to  attend,  and  to  delay  no  longer,  or 
hinder,   the  King's  weighty  Affairs  on   any  Pretence 
whatfoever. 

The  Parliament  This  laft  Difappointment  was  entirely  owing  to  Spi- 
adjourned,  on  ritual  Pride;  the  two  Archbifhops  difputed  about  bear- 
Account  of  a  ing  of  their  Crofles  in  each  other's  Province.  Canter- 
SefPtUwoArchT^O'  and  a11  his  C!ergy  refufed  to  come  thither,  becaufe 
kifhops.  the  Metropolitan  of  York  claimed  to  bear  his  Crofs  equal 


]  w  le  otner  m  his  own  Diocefe.  This  Obftinacy  in 
the  Archbifhop  of  Canterbury  loft  the  King  a  fine  Op- 
portunity of  marching  his  Forces  againft  Scotland;  be- 
fides  the  Indignity  offered  to  the  King  himfelf,  and  the 
infupportable  Trouble  and  Expence  which  muft  accrue 
to  the  whole  Kingdom  by  a  new  Meeting. 

However,  at  the  Time  of  Adjournment,  all  appeared; 
and  on  the  firft  Day  of  their  Sitting  Command  was  given 
to  the  Mayor  of  Tart,  in  Prefence  of  the  King  and  all 
his  Parliament,  to  fee  the  King's  Peace  kept  in  the  faid 
City  and  Suburbs  thereof,  and  to  arreft  all  that  offended 
againft  it  :  Alfo  Proclamation  was  made  againft  Wea- 
pons and  Plays,  by  the  Steward  and  Marefchal,  before 
the  Houfe  where  the  Parliament  fat,  and  by  the  Mayor 
and  Bailiffs  in  the  City. 

After  all  this  Formality,  our  Records  are  fhort  as  to 
any  notable  Tranfactions  of  this  Parliament.  They  only 
acquaint  us  that  Sir  Gecffry  Scrope,  by  the  King's  Com- 
mand, declared  to  the  whole  Affembly  the  Circumftances 
of  the  two  laft  Meetings,  and  that  the  Affairs  then  treated 

of 


of   E  N  G  L  A  N  D.  237 

of  were  left  to  a  Committee,  of  which  the  Bifhop  of  Win-  K»  Edward  III, 

eke/ler  was  Chief:  And  two  Days  after  the  faid  Bifhop, 

from  the  Committee,  declared,  That  he  and  they  had 

confulted  about  the  King's  Claim  in  Scotland  j  but,  be- 

caufe  it  was  a  Matter  of  great  Confequence,  they  had 

not  come  to  any  Refolution  about  it,  only  that  they 

wifhed  the  King  would  take  the  Advice  of  the  Pope  and 

the  French  King  for  his  better  proceeding  therein:  So, 

after  having  appointed  Wardens  of  the  North  Marches, 

the  King  diflblved  this  Parliament  z. 

Some  Chronicles  tell  us  that  the  Lord  Beaumont,  the 
Earl  of  Atkoie^  and  feveral  other  Lords,  who  had  been 
engaged  with  King  Baliol  in  the  Scots  Affair,  appeared 
at  it,  being  fent  by  the  faid  King  to  ufe  all  their  Interefl 
to  engage  Edward  and  the  Parliament  to  declare  in  his 
Favour.  At  the  fame  Time  came  certain  Envoys  from 
King  David  Bruce,  «  to  befeech  the  King  that  he  would 
*  give  no  Affiftance  to  his  Enemy;  but  rather  to  aid  him, 
4  who  was  his  Brother-in-Law  and  Ally,  with  whom  alfo 
'  he  was  then  at  Amity.' 

It  does  not  appear  that  any  direct  Anfwer  was  given  to 
either  of  thefe  Petitions ;  it  is  only  faid  that  the  King  was 
advifed  '  not  to  acT:  againft  his  own  Subjects,  who  had  loft 
'  all  their  Eftates  in  Scotland  by  the  late  Articles  of  Peace, 
'  and  who  had  taken  up  Arms  only  to  regain  themh. 

It  may  readily  be  imagined,  by  the  Confequences  of 
Affairs,  that  the  Politics  of  thofe  Times  inclined  the 
King  to  take  this  Advice:  For  though  he  religioufly  kept 
the  late  Treaty  with  Scotland  on  his  own  Part,  yet  no 
fooner  was  the  four  Years  Truce  expired,  but  he  fent 
Ambaffadors  to  David,  the  young  King,  demanding  a  -  ^  ^ 
Reftitution  of  Berwick,  and  that  he  fhould  come  and  do  *•  2' 
his  Homage  to  the  King  of  England.  This  being  utterly 
denied  by  David  and  his  Nobility,  they  declared  War 
againft  the  Scots,  and,  according  to  their  Inftruclions, 
defied  their  King. 

For  the  more  effectual  carrying  on  of  this  War, 
Edward  had  fummoned  a  Parliament  to  meet  at  York, 
about  the  Beginning  of  March  1333  l.  Here  he  ac- 

acquainted      At  Tart. 

l  Et  quc  h  Ro.'  void:  prendre  lavis  du  Pjpe  et  atixint  du  Rat  dt  Frauncf, 
£V.     Rot.  Par.  6  Edward  III. 
h  Tjrrel,  Bjrnes,  and  Brady. 
1  On  JnLnd«y  jn  the  f<fton<i  Week  cf  Lent,    Walfiigker.,  p.  133,    ' 


238  The  Parliamentary  HISTORY 

K,  Edward  111.  quainted  them  with  his  Defign  of  marching  direclly  info 
Scotland  in  Perfon,  to  aflift  King  Baliol^  and  reduce  Ber- 
wick to  his  Obedience  j  which  the  whole  Aflembly  rea- 
dily agreed  to.  They  gave  their  Opinion,  <  That  the 
'  King  could  no  longer,  with  Honour,  put  up  the  Wrongs 

*  and  Injuries  daily  done  to  him  and  his  Subjects  by  the 
e  Scots ;  and  therefore  they  humbly  advifed  his  Majefty 
e  to  provide  fuch  Force  of  Men  and  Arms  as  might  not 

*  only  reduce  Berwick  to  his  Obedience,  but  alfo  compel 

*  the  King  of  Scots  to  feek  his  Peace,  by  rendering  unto 

*  him  the  accuftomed  Homage  for  that  Kingdom :  And 

*  in  this  Enterprize  they  all  promifed  to  aflilt  him  irt 
«  Purfe  and  Perfon.' 

To  this  Parliament  King  Baliol  had  been  fummoned^ 
as  holding  of  Edward  j  but  he  underftanding  that  his 
Enemies  had  laid  Wait  for  him  in  his  Journey,  durft  not 
come ;  but  fent  a  fufficient  Excufe  by  the  Lord  Beau- 
mont and  others,  declaring  the  Reafons  of  his  Non- 
Appearance  at  that  Time  :  The  Apology  was  accepted 
by  the  King  and  Parliament  k. 

We  fhall  refer  our  Readers  to  Mr.  Barnes's  Hiftory 
Scotland  regain-  °f  th's  King's  Reign,  and  the  more  general  Englijb- 
ltd,  and  King    Hiftorians,  for  the  Progrefs  of  this  War.    We  need  only 
BaKol dau  HO-  fay  tnat  Edward  furpafled  his  Grandfather  in  the  Rapi- 
magetoE  «"*'«•  Jjjjy  of  njs  Conquefts ;  for  in  a  very  fhort  Time  he  had 
over-run  all  Scotland ',  and  foon  after  received  Ba  Hoi's 
Homage  to  him,  in  a  Parliament  at  Edinburgh^  as  Sove- 
reign Lord  of  that  Kingdom. 

-AnnoRegniS.       Edward,  at  his  Return  into-BnglahJ,  held  another 

At^rork       Parliament  at  York,  which  had  been  fummoned  to  meet 

there  February  21,   1334  '.     The  chief  Matters  there 

C  221  ]      enacted  were,  '  That  the  Great  Charter  and  the  Foreft 

'  Liberties,  and  other  good   Statutes,  fliould  be  duly 

*  obferved ;    and   what  Claufes   therein   were   obfcurc 

*  fhould,  by  good  Advice,  be  explained  :  That  there  be 

*  one  Juftice  of  the  Peace  appointed  in  every  County, 

*  who  fhould  a£l  as  Chief:  That  no  Pardon  be  granted 

'  to 

fc  Neither  this  Parliament  or  the  next  are  entered  on  the  Rolls ;  at  leaft 
.they  are  not  in  Lord  Weymoutb's  Copy  of  them.  There  are  a  few  blank 
Pages  left  betwixt  the  End  of  the  Parliament  Sin.  Reg.  6  to  13,  which 
feems  as  if  they  were  defigned  for  Infertion:  However,  in  Cotton's  Abridg- 
ment of  tte  Rolls,  there  is  an  Abftraft  of  the  Parliament  8  £<fo'jr</llf« 
from  whence  we  copy  our  Account  of  it. 

J  Rot,  Par,  8  Edward  III. 


of    ENGLAND.  239 

*  to  any  Outlaw,  by  any  fuggeftive  Means,  but  only  K,  Edw*rd  III. 
c  by  Parliament :  That  all  Men  may  have  their  Writs 

*  out  of  Chancery  for  only  the  Fees  of  the  Seal,  with- 
'  out  any  Fine,  according  to  the  Great  Charter  and  this 

*  Maxim, 

Nulli  vendemus  Jufticiam* 

Anfwer.  Such  as  be  of  Courfe  foall  continue  fo,  an& 
fucb  as  be  of  Grace >  the  King  will  command  the  Chancellor 
to  be  gracious. 

'  That  Bigamy  {hall  only  be  tried  in  a  Court  Chri- 
«  ftian:  That  Remedy  be  had  againft  all  Oppreffions  of 

*  the  Clergy  for  Probats  of  Wills,  and  Citations  for 
«  Trifles.' 

Anfwer.  The  King  will  herein  do  his  bejl,  and  charge? 
the  Bifoops  to  do  the  like. 

There  were  alfo  feveral  other  A&s  made  in  this  Par- 
liament m. 

In  the  fame  Year,  after  a  great  Council  held  at  Not- 
iingham^  a  Parliament  was  fummoned  to  meet  at  Weft- 
minjler,  on  the  Exaltation  of  Holy  Crofs,  or  the  I4.th  of 
September  n.  The  Choice  of  this  Feftival  almoft  de- 
clared the  Occafion  of  the  Summons ;  which  was, '  That 
'  the  King  being  thereunto  invited  by  his  Coufin,  the 

*  Duke  of  Bretaign,  who  came  lately  on  an  Embafly 

*  from  France^  had  formed  a  Refolution  to  take  a  Voy- 
e  age  with  his  Brother  of  France^  and  other  Chriftiar* 

*  Princes,  to  the  Holy  Land.     He  told  them  the  Reafoir 
c  he  had  not  anfwered  King  Philip  before,  when  he  ap- 

*  plied  to  him  for  this  Expedition,  was,  that  he  had  learnt 
4  the  French  King  had  fitted  out  ten  great  Ships,  defigned 

*  to  affift  King  David's  Party  in  Scotland:  Yet,  as  thefe 

*  Ships  had  been  miferably  (battered  at  Sea,  and  were 

*  forced  to  return  home  without  any  ErTeci,  and  alfo 

*  that  Scotland  feemed  pretty  well  fettled  under  the  Go- 
c  vernment  of  King  Balio/y  he  was  the  more  willing  to 
e  partake  with  the  reft  of  the  Princes  in  this  pious  and 
'  honourable  Knterprize,  though  he  had  fet  no  Time  for 
'  the  doing  of  it.' 

We  cannot  learn  what  Anfwer  the  Parliament  gave  The  Scots  revolt 
to  the  King  on  this  Declaration;    but  whether  theya6ain« 

agreed. 

m  See  the  Statutes  at  large,  fob  hoc  Anno, 
»  Thb  F'arliament  is  not  on  the  Rolls, 


240  3The  Parliamentary  HISTORV 

K,  EdvwdlVi,  agreed  to  this  romantic  Project,  or  not,  it  was  fruftrated 

by  Advices  out  of  Scotland  which  came  at  that  Time, 

intimating  that  the  Scots  had  again  rebelled  againft  King 

Baliol,  had  taken  fome  Englifh  Lords  Prifoners,  and 

defeated  their  Forces.    Upon  this  News  the  Parliament 

A  Subfidy  grant- granted  the  King  a  Fifteenth  from  the  Lords  and  Knights 

"*•  of  Shires,  a  Tenth  from  the  Clergy,  and  the  like  from 

jthe  Citizens  and  Burgefles  j  after  which  the  Parliament 

oroke  up  °. 

[  222  ]         The  jr-ng  foon  turne(j  ajj  njs  Thoughts  towards  Scot' 

Anno Regni  9.  land^  and,  coming  to  Nottingham^  iffued  out  Writs  for 

1335.        calling  a  Parliament  to  meet  at  York  about  Whitsuntide^ 

A       .       in  the  Year  1335,  there  to  treat  how  to  carry  on  the 

War  againft  the  Scots.     What  was  done  in  that  Affair 

we  know  not;  for,  at  the  Interceflion  of  a  Bimop  fent 

by  the  French  King  for  that  Purpofe,  a  Truce  was 

granted  for  fix  Weeks.    At  this  Parliament  feveral  more 

Statutes  were  enacted,  very  ferviceable  to  the  Peace  and 

Welfare  of  the  Realm  P. 

The  Time  of  the  Truce  being  concluded  the  Scoff 
War  began  again,  and  continued  with  great  Fury  and 
Annoi^e|>nV°' various  Succefs  till  the  next  Year;  when,  at  a  Parlia- 
ment, or  great  Council,  called  at  Northampton,  "June  25, 
f*  Northampton.^  j£|ng  recejvecj  Advice  that  the  French  King  had  fo 
far  efpoufed  the  Scots  Quarrel,  as  to  engage  himfelf  to 
protect  and  aflift  them,  and  to  that  Purpofe  had  fent 
*b  athe over  ^evera^  eminent  Commanders,  with  confiderable 
*      Supplies  of  Men,  Money,  and  Ammunition.     Edward 
was  not  at  all  difpleafed  with  the  News,  becaufe  it  gave 
him  now  a  juft  Occafion  to  turn  his  Arms  againffc 
France ;  and  he  hoped  alfo  that,  as  foon  as  ever  the 
French  and   Scots  were  joined,  they  would  give  him 
Battle,  which  the  latter  had  hitherto  induftrioufly  avoid- 
ed.   Flufli'd  with  thefe  martial  Thoughts,  Edward  pri- 
vately ftole  away  from  his  Parliament,  whom  he  left 
at  their  Debates,  and  with  wonderful  Expedition  ar- 
rived at  St.  John/Ion^  in  Scotland^  where  he  found  Kind; 

Baliol 

0  Knygbtan  write:  that  Edward  Bafio!  came  to  this  Parliament,  and  did 
Homage  to  the  King  of  England  for  the  Realm  of  Scotland.  Col.  2565. 
Waljingbam,  p.  1 34. 

p  See  the  Preamble  and  thefe  Afts  in  the  Statuta  a:  hrgc,  An.  R?f* 
iI.  1335. 


^ENGLAND.  241 

(BaUol  ready  at  the  Head  of  the  Forces  of  both  Na-  K.  Edward  HI, 
tions  q. 

Here  we  are  obliged  again  to  leave  this  warlike  King 
to  his  Conquefb,  having  no  Bufmefs  with  him  but  in 
his  cooler  Hours  of  Parliamentary  Councils  ;  and  as 
great  Part  of  his  long  Reign  was  fpent  in  the  Scots  and 
French  Wars,  lefs  Matter  will  accrue  to  us  to  relate,  but 
much  more  to  the  general  Hiftorians  of  the  Times.  L  223  J 
However,  having  again  ravaged  all  Scotland  over,  from 
Sea  to  Sea,  and  finding  nothing  to  refift  him,  he  returned 
into  England  r,  to  a  Parliament,  or  Council,  which  met 
at  Nottingham,  Sept.  25,  this  Year.  Here  Edward  ob-  At  Nottiagbam^ 
tained  a  new  Grant  to  carry  on  his  Wars  in  Scotland  and 
Gafcoigny^  of  a  twentieth  Part  from  the  Nobility  and 
Gentry,  a  Tenth  from  the  Citizens  and  Burgefles,  and  a 
Sixth  from  the  Clergy:  Befides,  the  Merchants  of  Eng- 
land were  taxed  to  pay  40  s.  a  Sack  for  all  Wooll  tranf- 
ported,  and  Foreigners  3/.  s. 

The  next  Year  we  find  that  a  real  Parliament  was  Anno  Regnl  n; 
fummoned  to  Wejlminjler  about  Candlemas  1337  £.     It        '337' 
was  here  enacted,  '  That  no  Wooll  of  Englijh  Growth  At  Weflminfteri 
'  fhould  be  transported  beyond  the  Seas ;    and  that  all 
'  Cloth- Workers  mould   be   received   from   whatever 
«  foreign  Parts  they  fhould  come,  and  fit  Places 
c  be  affigned  them,  with  divers  Liberties  and  Privileges, 

VOL.    I.  Q^  *  and  Manufactures  at 

q  The  Writ  for  conftituting  John  Archbifliop  of  Canterbury,  then  Chan-  home, 
cellor  of  England;  Henry  Bi/hop  of  Lincoln,  Treafurer ;  John  Earl  of  Corn- 
*wall,  the  King's  Brother,  his  Subftitutes  to  hold  this  Parliament,  or  Coun- 
cil, as  it  is  here  called,  in  the  King's  Stead,  is  dated  at  Nnvcaflle  upon  Tyt:et 
June  ZO,   1336.     Rymer's  Feed.  Tom.  IV.  p.  701. 

"•  Et  cum  nemmem  invemjet  impedier.tem,  rediit  aptid  Nottingham,  ubi 
ecnceffa  eft  Rrgi  nova  Contributio,  &c,  Knyghton,  col.  2568. 

s  This  Meeting  is  not  on  the  Rolls. 

t  The  Writ  for  fummoning  jfcbn  Archbifhop  of  Canterbury  to  this  Par- 
liament, declaring  theReafon  to  be.  becaufe  the  Pope  had  fent  two  Cardi- 
nals into  England  to  treat  of  a  Peace,  &c.  is  in  the  Public  ABi,  Vol.  IV. 
p.  83z.  By  this  it  appears  that  the  Meeting  was  appointed  to  be  the  Day 
after  Candlemas,  and  was  dated  at  Weflmlnfter,  December  20. 

Poly  dare  Vergil  mentions  an  Acl  pafled  this  Parliament,  not  taken  Notice 
of  by  any  other  Hiftorian  ;  his  Words  are,  Poft  htec  et  alia  ir.itlta  ex  Reipub- 
licte  ufu  conftituta,  placuit  providere  ne  Opes  qux  Mercian  Ufa  in  Dies  Jin- 
gules  in  Infitlam  inferebantur,  aliquando  diffifarentur,  itaque  Lege  exceptum 
eft  ut  nemini  Ihmini  neque  Anglo  neque  Externo  liceret  in  pojlerum  lempu: 
durum,  Arger.tum  calatum  five  fgnatum,  de  Regno  in  Ccntircntcm  cxpcr- 
tare.  Quo  Fafium  eft  ut  Mercatores  extranet  Mercium  fuarum  pretia  coaEli 
Jlnt  in  alias  Mercedes  infumere.  Decretum  ijiud  etiarr.  nunc  fcrvatur,  ferpe- 
tugtum  uti  Regno  utile  ab  atits  $ui  ft.uti  funt  Re^ibui.  Lib.  xix.  p.  365. 


Parliamentary  HISTORY 

K,  EdwardlU,1  and  that  they  fliould  have  a  certain  Allowance  from 
«  the  King,  till  they  might  be  fixed  in  a  Way  of  living 
«  by  their  Trade.' 

It  was  alfo  ordain'd,  *  That  none  fhould  wear  any 
«  Cloaths  wrought  beyond  Sea,  or  hereafter  to  be  im- 
«  ported,  except  the  King,  Queen,  and  their  Children  :' 
Alfo,  '  That  none  fliould  wear  foreign  Furs  or  Silks, 
%  224  ]  <  unlefs  he  was  worth  one  hundred  Pounds  annual  Rent/ 
Mr.  Tyrrel  obferves  here,  c  That  tho',  for  the  prefent, 

*  thefe  and  fuch-like  good  Laws,  made  by  this  King  and 

*  Parliament,  took  little  or  no  Effect,  by  reafon  of  the 

*  enfuing  French  Wars,  yet,  by  Degrees,  they  revived 

*  the  Woollen  Manufacture  after  it  had  been  loft  for  many 

*  Years  to  this  Nation ;  from  which  Time  it  hath  ftill 

*  increafed,  to  the  general  Advantage  of  the  whole  King- 

*  dom  V 

Befides  taking  Care  of  the  great  Intereft  of  the  Na- 
tion, in  the  abovefaid  Particulars,  the  King  was  minded 
to  reward  paft  Services,  and  therefore  feveral  new  Ho- 
nours and  liberal  Grants  were  conferred  on  thofe  Noble- 
men who  had  ferved  him  faithfully  to  that  Time.  Ac- 
cordingly, in  full  Parliament,  the  King  created  his  eldeft 
Son  Prince  Edward  Duke  of  Cornwall^  being  the  firft 
that  ever  wore  that  Coronet  in  England:  And  fix  Earls, 
Henry  of  Lancajler^  Earl  of  Derby ;  William  Montacute, 
Earl  of  Salisbury ;  Hugh  de  Audley^  Earl  of  Gloucejler ; 
William  Clinton^  Earl  of  Lincoln  ;  William  Bobun,  Earl 
of  Northampton ;  and  Robert  U/ord,  Earl  of  Suffolk  s. 

The 

«•  Tyrrel't  Hifiory  of  England,  Vol.  III.  p.  395. 

The  Art  of  Weaving  Woollen  Cloth  had  been  brought  from  Flanders  in- 
to England  by  one  John  Ktmpe  fome  Years  before ;  to  whom  the  King 
granted  his  Protection,  and  at  the  fame  Time  invited  over  Fullers,  Dyers, 
&e.  Feed.  Ang.  Tom.  IV.  p.  496. 

TheEngtiJh  had  then  Plenty  of  Wooll,  but  no  Skill  to  employ  it.  Where- 
fore, as  by  this  Aft,  Encouragement  was  given  to  fuch  as  had  Skill,  but  no 
Stock,  to  come  out  of  Flanders  and  fettle  here ;  fo,  accordingly,  many, 
glad  of  this  Opportunity  to  advance  their  Fortunes,  came  into  England  and 
fettled  in  great  Farmers  Houfes  at  firft,  and  after  removed  into  Towns, 
from  whence  feveral  Sorts  of  Woollen  Manufactures  were  maJe  amongft  us; 
as,  at  Sudbary,  Bays ;  at  Colcbefter,  Says  and  Serges  ;  in  Kent,  Broad 
Cloths  ;  in  Drvonjbire,  Kerfies  ;  in  Wain,  Frizes  ;  in  Weftmoreland,  Ken- 
dal  Cloths,  &c.  Kennet,  on  Sam.  Daniel's  Hijl.  ofEng.  p.  215  ;  Note  (a). 

See  alfo  an  Order  for  erecting  Looms  at  Brijtol.  Feed.  Ang.  Tom.  V. 
P-  J37- 

*  All  thefe  Crea'ions,  with  the  Grants  of  feveral  Lord/hips,  Caftles, 
Rents,  £fc.  for  the  better  Support  of  thefe  new  Dignities,  are  largely  treat- 
ed  of  in  Barnes.'*  Edw.  III.  p.  ua,  113.  This  Wiiter  from  Knjgbten, 

col. 


^ENGLAND.  243 

The  French  War  comes  now  upon  the  Tapis,  in  our  K«  Edward  in, 
Hiftorians,  and  does  fo  employ  their  Heads  and  Pens,     .          , 
in  the  defcriptional  Part  of  Battles,  Sieges,  &c.  that  it  is     L      5  1 
difficult  to  lift  out  a  Parliamentary  Proceeding  amongft 
them  :   However,  we  may  judge  that  Edward  thought 
it  neceflary,  before  he  entered  upon  this  grand  Defign, 
to  raife  Money  for  that  Purpofe ;   and  accordingly  a 
Parliament  was  fummoned  to  meet  this  fame  Year,  about  Anno  Regni  i  j« 
Michaelmas  ',  at  Wtftminfttn,  where  his  Intention  of        I337< 
going  ove'r  into  France  was  declared.     The  whole  Na- 
tion  was  then  very  hearty  in  the  Caufe,  and  their  Re- 
prefcntatives  chearfully  contributed  towards  it.     The 
Laity  granted  a  Tenth  Penny  from  the  Community,  and  A  Su   . 
a  Fifteenth  from  the  Citizens  and  Burgefles.      Thefor  the  War 
Clergy  were  not  backward  in  the  Matter,  for  the  Arch-  aga'mft  Fr«»«, 
bifliop  of  Canterbury  and  his  Convocation  gave  a  Tenth 
of  their  Temporalities  for  three  Years. 

Some  further  Regulations  were  made  in  this  Parlia- 
ment for  the  Encouragement  of  the  Woollen  Manufac- 
tury  ;  where  it  was  enacted,  That  all  Flemijb  Weavers, 
and  thofe  of  other  Countries,  fliould  have  free  Liberty 
to  come  over  to  inhabit  in  England,  and  exercife  their 
Trade.  From  whence,  Mr.  Tyrrel  again  obferves, 

*  That,  even  in  thofe  Times,  the  coming  of  Foreigners 

*  into  England,  who  brought  over  with  them  any  ufeful 

*  Trade  or  Manufacture,  was  encouraged  by  a  Law  ".* 

The  laft  Parliamentary  Aids  granted  to  the  King  be-  Anno  Regni  i 
ing  not  thought  fufficient  for  the  mighty  Affair  he  was  J338' 
about  to  undertake,  another  was  called,  early  the  next 
Spring,  which  met  at  Wejlmlnfter^  Feb.  3,  1338.  Here 
the  Laity  granted  to  the  King  one  Half  of  their  Woolls, 
throughout  the  whole  Realm,  for  the  next  Summer. 
He  alfo  levied  of  the  Clergy  the  whole  Tenth,  caufing 
them  to  pay  nine  Marks  for  every  Pack  of  the  beft 
Wooll  j  but  one  Half  he  took  of  all  Perfons,  whether 
Merchants  or  others,  according  to  the  aforefaid  Grant ; 
and  he  took  alfo  a  Fifteenth  of  all  the  Commonalty  in 
(^2  the 

col.  2569,  has  alfo  added  another  Ear),  the  Lord  llugb  Courtney,  an  old 
Soldier,  near  Fourfcore,  made  Earl  of  Dcvonjbire.  Twenty  Knights  were 
alfo  then  created,  amongft  whom,  fays  Speed,  was  Si{  Thomas  dt  10  Mortt 
the  Author  of  a  Hiftory  of  hit  own  Times,  often  quoted  by  Hiftorians, 

1  Sept.  27.     Statutes  at  Large,  An.  »337t 

u  rjrrtl,  Vol.  Ill,  p,  399, 


244  ^  Part*amentary  HISTORY 

K.  Ed-ward  III.  the  Realm,  in  Wooll,  the  Price  of  every  Stone,  at  foiir- 
r  5  -i  teen  Pounds  the  Stone,  being  Crated  at  two  Shillings  w- 
The  King  alfo  ifiued  out  a  Commiflion  for  feizing  up- 
on the  Eftates  of  the  Lombard  Merchants,  then  in  Lon- 
don>  who,  by  reafon  of  their  Extortion  in  Ufury,  were 
become  odious  and  a  public  Grievance  to  the  Nation. 
All  their  Jewels,  ready  Money,  &c.  were  to  be  delivered 
to  the  Conftable  of  the  Tower,  to  be  kept  for  the  King's 
Ufe.  About  the  fame  Time  he  feized  into  his  Hands 
the  Goods  and  Revenues  of  all  Alien  and  Foreign  Prio- 
ries, efpecially  of  the  Cluniac  and  Ciftercian  Orders; 
which  were  immediately  let  out  to  farm  to  thofe  Monks, 
who  paid  a  fufficient  Rent  for  them  during  thefe  Wars  x. 
The  Woolls  which  were  gathered  for  the  King's  Ufe 
were  fent  into  Brabant ,  amounting  to  1 0,000  Sacks, 
under  the  Direction  of  two  Noble  Merchants,  the  Earls 
of  Northampton  and  Suffolk,  who  fold  the  fame  in  Upper 
Germany  for  40 /.  a  Sack,  amounting  in  all  to  400,000 /. 
Sterling  y,  making  it  evident  from  hence  that  the  Nobi- 
lity in  thofe  Days  thought  it  no  Difgrace  to  be  Traders 
for  the  Good  of  their  Country. 

T  227  ]          By  thefe  Means  the  King  became  exceeding  ftrong  in 
the  Sinews  of  War,  but  the  Country  was  thereby  fo  ex- 

haufted 

w  JJallingJheacT s  Ckron.  fiom  Caxtott,  f.  354. 

Rafin,  and  his  Annotator  Mr.  Tindal,  blunder  fo  backwards  and  for- 
wards with  their  Parliaments  about  this  Time,  that  there  is  no  making  any 
Thing  of  them  ;  the  Annotator  places  the  King's  Commiflion  againft  the 
Lombard  Merchants  at  the  Beginning  of  the  laft  Year.  P.  417. 

x  Mr.  Daniel  has  alfo  made  an  odd  Miftake  here.  He  writes  that  the 
King  feized  into  his  Hands  the  Goods  of  three  Orders  of  Monks,  vix» 
"Lombards,  Cluniact,  andCiftercians  ;  and  his  Annotator,  Bp.  Ker.net,  gravely 
.  lays,  [at  the  Note  (£),  p.  215]  '  That  thefe  were  Cells  to  the  Great  Mo- 
nafteries  in  France.  But  where  either  of  them  found  the  Religious  Society 
of  Lombards,  in  England,  we  know  not.  It  is  certain  thefe  Lombard,  or 
Italian,  Merchants,  by  the  Account  given  of  them,  were  of  no  Religious 
Society.— From  hence  is  deriv'd  the  Name  of  Lombard '-Jireet,  London, 
where,  probably,  they  all  dwelt. 

y  Jojhua  Barnes.  But  Knygbtor.,  with  more  Probability,  fays,  That 
the  Woolls  were  fold  for  twenty  Pounds  a  Sack,  and  the  Money  was  dif- 
pofed  of  to  pay  for  the  Levies  then  making  in  Germany,  The  fame  Author 
has  joined  Henry  de  Burgbwajb,  Bi/hop  of  Lincoln,  to  the  two  Earls,  as 
another  proper  Merchant  for  this  Purpofe.  Col.  2570. 

It  feems  alfo  that  the  King  raifed  Money  another  Way,  for  he  took  from 
every  County  a  certain  Quantity  of  Bread-Corn,  Oats,  and  Bacon,  of  each 
Town  according  to  the  Largenefs  of  them.  He  alfo  took  the  rich  Veft- 
Bients,  Silver  Plate,  and  other  Ornaments  from  the  Abbies,  fife,  in  or- 
der for  this  foreign  Expedition.  From  which,  fays  the  Canon  of  Leicefler, 
arofe  great  Clamour  amongft  the  People,  and  Mifchief  would  have  enfned 
If  the  King  had  not  been  guided  by  better  Counsel,  Knygkton,  col,  2751. 


cf    ENGLAND.  24  j 

haufted  of  Money,  that  Visuals  and  other  Commodities  K«  Edntard  m« 
became  very  cheap.  A  Quarter  of  Wheat  was  fold 
at  London  for  is.  a  fat  Ox  for  6s.  8d.  a  fat  Goofe  for 
id.  and  fix  Pigeons  for  id.  On  the  i6th  of  July,  this 
Year,  King  Edward  embarked  at  Harwich,  with  a  Royal 
Navy  of  500  Sail,  accompanied  with  many  Earls,  Ba- 
rons, &V.  to  the  Number  of  twenty  of  the  chief  Nobility 
of  the  Kingdom,  (all  named  by  Barnes)  and,  in  a  fhort 
Time  after  Landing,  he  arrived  at  Antwerp,  belonging 
then  to  the  Duke  of  Brabant ;  and  whilft  he  refided  there 
People  came  flocking  from  all  Parts  to  obferve  the 
Magnificence  and  Splendor  of  the  Englijb  Court. 

We  now  take  our  Leave  of  this  great  King  for  fome 
Time,  our  Hiftory  ftriclly  confining  us  to  Matters  on 
this  Side  the  Water  j  and,  fince  his  Actions  and  Con- 
quefts  in  France  are  abundantly  defcribed  by  all  Writers 
of  Englijh  or  French  Hiftory,  we  have  lefs  Occafion  to 
mention  them  in  ours. 

Whilft  the  King  was  abfent  in  Flanders*  the  young 
Prince  Edward,  Duke  of  Cornwall,  as  Guardian  of  the  Amjo  ^     .  x  f 
Kingdom,  by  Commiffion  from  his  Father,  called  a    °    133s. 
Parliament  to  meet  at  Northampton.     The  Writs  were 
dated  Augujl  25,  and  the  Meeting  was  appointed  to  be  At  Northampton, 
fifteen  Days  after  Michaelmas  following  b.     Here  was 
granted  fuch  an  Aid  as  never  had  been  given  to  any  King 
before  j  and  {hews  how  well  this  King,  and  the  Caufe 
he  was  engaged  in,  was  relifhed  at  that  Time  by  his 
Subjects.     Upon  every  Town  a  Tax  was  laid  of  a 
twentieth  Part  of  their  Goods,  where  the  Value  amount- 
ed to  20  s.     He  had  alfo  granted  him  all  the  Wooll  in 
the  Kingdom,  to  be  bought  at  a  low  Price  ;  which  muft 
needs  amount  to  a  vaft  Proportion,  fince  only  the  three 
Counties  of  Leicefter,  Lincoln,  and  Northampton,  afford- 
ed no  lefs  than  1211  Sacks  of  Wooll.     The  Bifhops, 
Abbots,    Priors,    Rectors,    Vicars,    Juftices,  and   the 
Noblemen,  &c.  who  held  of  him  in  Capite,  and  went  not 
with  him  to  the  Wars,  were  taxed,  fome  100,  others 
2OO /.  a-piece,  according  to  their  Eftates  and  Abilities.      £  288]. 
At  a  Convention,  alfo  held  the  firft  of  Otfober,  a  Tenth 
was  oranted  from  the  Clergy  for  two  Years  to  come  c. 
<£  3  Though 

t>  Knygbton  fays  that  this  Parliament  was  held  in  Jdj»  in  Crjjitat 
S.  Jacobi.     Col.  2571. 
c  fcijfgbtett.     Col.  *$7I. 


346,  The  Parliamentary  HISTORY 

K,  Edward  III.  Though  there  are  not  any  of  thefe  latter  Parliaments 
entered  on  the  Rolls,  yet  the  near  Contemporary  Hifto- 
rians  mention  them  as  Facts,  and  are  particular  enough 
in  their  Accounts  of  them.  It  is  probable,  in  the  King's 
Abfence,  who  carried  with  him  moft  of  the  principal 
Officers  of  the  Crown,  the  Clerks  were  more  negligent 
in  their  Duties.  This  might  very  well  be,  when  the 
greater  Minifters  of  the  Law  took  that  Opportunity  to 
neglecl:  their  feveral  Functions ;  and,  inftead  of  admi- 
niftering  Juftice  to  the  Subject,  fet  themfelves  folely  up- 
on robbing  and  plundering  them ;  of  which  an  ample 
Account  will  be  given  in  the  Sequel.  The  young  Duke 

AnnoRegnl  13.  of  Cornwall,  Guardian  of  the  Realm,  being  but  then 
I339-        ten  Years  of  Age,  called  another  Parliament  to  meet  at 

At  Wejiminfter.  Wejlminfter,  having  received  an  exprefs  Commiflion  for 
it  from  his  Father.  On  the  1 3th  of  Offober  they  met, 
and  a  further  Aid  was  demanded  to  carry  on  this  impor- 
tant and  expenfive  War. 

The  Proceedings  of  this  Parliament  are  entered  at 
large  on  the  Rolls  ',  both  of  the  firft  and  fecond  Meet- 
ing of  it,  and  an  Abftract  from  which  is  as  follows  : 

At  the  firft  opening,  the  ufual  Proclamation  was  made 
in  the  Great  Hall  at  Wtflminfter,  and  in  the  City  of  Lon- 
don, againft  wearing  of  any  Kind  of  Armour,  or  Wea- 
pons ;  of  which  fome  ftrange  Particulars  are  mention- 
ed k.  The  Bufmefs  begun  by  declaring  the  Caufes  of  this 
Meeting,  which  were  faid  to  be  three,  viz.  For  the  better 
keeping  of  the  Peace,  for  the  Defence  of  the  Marches 
of  Scotland,  and  for  guarding  the  Sea.  But  thefe 
were  only  Pretences  ;  the  main  Defign  of  calling  this 
Parliament  was  to  get  Money  ;  for  the  Archbifhop  of 
Canterbury,  the  Bifhop  of  Durham,  and  Sir  Michael  de 
la  Pole,  were  fent  by  the  King,  then  in  France,  to  fhew 
the  Lords  and  Commons,  '  What  he  had  done  beyond 

*  Sea,  with  his  Condition  there,  and  the  Mifchiefs  that 

*  had  befallen  him  and  his  Followers,  for  Want  of  Sup- 

*  plies  from  England.     That  he  and  others,  who  were 
'  with  him,  were  entered  into  Obligations  for  300,0007. 

*  Sterling,  and  more,  towards  the  Charge  of  his  Auxi- 
'  liaries,  and  that  he  could  not  handfomely  march  from 
'  thence  without  giving  his  Creditors  Satisfaction.  Laftly, 

1  Set.  Par.  13.  Ed-w.  III.  '  f0f 

k  Jrmez  Dakc-toun,  ne  de  Plate,  tie  de  Haufargew,  ne  de  Efpeie,  r.t  * 
long  Co:el,  ne  outre  drmefufpetf,  &c. 


of    E  N  G  L  A  N  D.  247 

c  for  this  Caufe,  and  for  the  Maintenance  of  him  and  K.  Edward  in. 

*  his  Quarrel,  which  was  undertaken  by  the  common 
'  Content  of  them  all,  and  that  the  Bufmefs  he  came 
'  about  might  be  the  more  effectually  done,  he  ought  to 

*  be  fupplied  with  a  very  large  Sum  d. 

This  Remonftrance  was  anfwered  effectually,  for  the  A  farther  Gran: 
Aid  granted  by  this  Parliament  was  as  large  as  the  King's  for  the  fame  Pur- 
Demands.     The  Nobility  immediately  gave  him  every pofe* 
tenth  Sheaf,  Fleece,  and  Lamb  of  their  Demefnes,  ex- 
cept of  their  Bond -Tenants,  to  be  paid  for  two  Years  e  ; 
deiiring,  at  the  fame  Time,  that  the  illegal  Duties  fet      f  220  1 
upon  Wooll  fhould  be  revoked,  and  that  this  Grant          • 
fhould  not  turn  into  a  Cuftom  f.    The  Commons,  tho* 
they  declared  themfelves  very  forward  and  willing  to  af- 
fift  the  King,  yet  prayed  the  Regent,  '  That  he  would 
'  fummon  another  Parliament  in  a  convenient  Space,  for 
«  they  durft  not  grant  any  Tax  till  they  had  taken  the 

*  Senfe  of  their  Conftituents  about  it  %,  defiring  likewife 
'  that  two  Knights  of  the  bell  Eftates,  in  their  feveral 
'  Counties,  ftiould  be  chofen  in  that  Parliament.'   Ac- 
cordingly Writs  were  iflued  out,  dated  November  16,  for 
another  Parliament  to  meet  the  loth  of  January  follow- 
ing. 

Prince  Edivard,  being  called  over  by  his  Father  to 
Antwerp ,  fix  Commiffioners  were  appointed  to  hold  the 
enfuing  Parliament  in  his  Stead.  The  Particulars  of  this 
Parliament,  with  their  Proceedings,  are  fo  exactly  defcri- 
bed  by  Mr.  Barnes,  wherein  the  great  Care  which  they 
took  of  the  Kingdom  in  their  Monarch's  Abfence  will 
evidently  appear,  that  we  think  proper,  though  fomewhat 
long,  to  give  it  in  his  own  Words  as  follows;  efpecially 
fince  we  have  compared  them  with  the  Rolls  of  Parlia- 
ment. 

'  When  the  Time  of  the  next  Seffion  of  Parliament  Anno  Regni  14* 
'  approached,  there  were  appointed  to  prefide  in  it  John        »34<>« 

Stratford,  At  JFtJiminfter. 

d  As  his  Expences  were  very  great,  fo  the  King  endeavoured,  during 
that  Time,  to  borrow  Money  of  all  the  foreign  Princes.  He  did  not  fcruple 
even  to  apply  to  private  Perfons,  and  take  up  fuch  Sums  as  they  wetc  wil- 
ling to  lend,  though  ever  fo  fmall:  Nay,  he  pawned  his  Crown  to  the 
Archbifhop  of  Triers  for  50,000  Florins.  Rymer't  dR>  Pub.  V,  p.  ioi» 

e  En  te  manfre  quele  i/s  la  donent  a  frinte  Efglife,  Record  P. 

f  Thefe  illegal  Duties,  impofed  by  the  King  and  Council  without  Par- 
liament, called  Mala  Toiia,  or  Maltolt,  are  mentioned  before.  See  p.  107, 

121. 

g  En  ce  cas  Us  tioferent  ajfentir  tantqi't  tuffent  cenftilltr  lei  Communes  dt 
lair  fays,  &c.  Record  P. 


248  The  Parliamentary  HISTORY 

K.  Edward  111. «  Stratford^  Archbifhop  of  Canter -bury ,  Lord  Chancel- 

'  lor;  William  de  la  Zoucb^  Archbilhop  of  Tork^  Lord- 

'  Treafurer ;  the  Dean  of  York ;  Sir  John  Wilhugbly^ 

'  Deputy  Lord  Chief- Jultice ;  Sir  John  Stonore,  Juflice 

Regulations        '  °^  t'le  King's  Bench;  and  Sir  John  St.  Paul;  any  four, 

made  by  Parlia- '  three,  or  two  of  thefe  were,  by  the  King's  Letters 

xnent,  for  the  <  patent,  appointed  to  begin,  continue,  and  end  the  Par- 

NaCtUionydufringe  '  lament,  for,  and  .in  the  Name  of,  the  King,  and  the 

the  King's  Ab- '  Lord  Warden  of  England \  and  there  to  do  all  Things 

fence  j  <  which  the  faid  Guardian  fliould  do,  untill  his  or  the 

'  King  his  Father's  coming.     The  Commiffion  began, 

'  Edvardus  D.  Gr.  &V.  Filio  nojlro  cbarijfimo,  Guardiano 

'  de  Angl.  and  ended,  Te/le,  Edvardo  Duce  Cornubiae  et 

«  Com.  Ceftr. 

'  Thefe  Commiflioners  aforefaid  caufed  fundry  of  the 

*  Lords  and  Commons  to  aflemble  in  the  Prefence  Cham- 
r          -I      *  ber ;  before  whom,  becaufe  feveral  of  both  Houfes  were 

'  not  yet  come,  they  continued  theParliament,  from  Day 
'  to  Day,  till  the  20th  of  January,  during  which  Time 
'  Merchants,  Owners  of  Ships,  and  Mariners,  did  at- 
'  tend.  The  Caufes  of  aflembling  the  Parliament  were 

*  declared  to  be  for  granting  the  King  an  Aid,  for  keep- 

*  ing  of  the  Sea,  and  for  Defence  of  the  North  Marches : 

*  Hereupon  the  Commons  required  Time  to  confider 
«  thereof  till  the  igth  of  February ;  and  then  they  unani- 

*  moufly  offer'd  to  the  King  for  Aid  30,000  Sacks  of 
«  Wooll,  on  certain  Conditions.  But  for  the  better  Ex- 

*  pedition,  after  fome  Debate,  they  yielded  to  give  the 
«  King  prefently  2500  Sacks  of  Wooll ;  fo  as,  if  the 

*  King  liked  the  Conditions  aforefaid,  the  fame  fhould 

*  go  in  Part  of  Payment ;  if  not,  they  were  freely  offered 

*  unto  him.     The  Lords  promifed  to  fend  unto  the  King 

*  to  know  his  Pleafure,  and,  in  the  mean  Time,  they 

*  alfo,  for  their  Parts,  grant,  that  fuch  of  them,  or  of 

*  their  Peers,  as  held  by  a  Barony,  fhould  give  to  the 
'  King  the  Tenth  of  their  Grain,  Wooll,  and  Lamb, 

*  of  all  -their  own  Demefnes  h. 

*  The  Mariners  of  the  Cinque  Ports  promifed  to  make 
c  ready  their  Ships  before  Midlenty  viz.  Twenty-one 

«  Ships 

*  We  do  not  find  that  the  Clergy  gave  any  Thing  at  this  Time,  and 
folydore  Vergil  has  made  an  odd  Sort  of  an  Excufe  for  it,  Tributum  ftafln 
(unfit  fol-vcriint,  prattr  Sacerdotes,  quibus  parjuti;  ejl  quo  alias  illi  awtliz- 
res  erogarent  Petunias,  Lib,  xix,  p.  369. 


^/ENGLAND.  249 

c  Ships  of  their  own,  and  nine  of  the  Thames,  and  toK.  Ed-ward  lilt 

*  bear  Half  the  Charges  themfelves  ;  the  other  Half  the 

*  Privy  Council  promifed  to  bear  of  their  own  Good- 
c  Will  to  their  King  and  Country ;  but  not  of  Duty, 

*  or  that  it  fhould  ftand  for  a  Precedent.    The  Mariners 
'  of  the  Weft  promifed  to  fet  forth  ninety  Sail,  and  ten 

*  Ships  of  the  Burden  of  100  Tons  or  more,  and  to 

*  bear  the  whole  Charges,  if  they  could.     Twofufficient 
c  Scholars  were  appointed  to  compute  the  Charges,  the 
'  one  for  the  Weft,  and  the  other  for  the  Cinque  Ports. 
'  It  was  here  ordered,  That  all  Ships  of  Portfmouth,  and 
'  from  thence  towards  the  Weft,  of  the  Burden  of  100 
«  Tons,  or  upwards,  {hould   ride   at  Dartmouth ;  the 
'  Admiral  to  be  Richard  Fitz-dlan,  Earl  of  Arundel: 

*  And  that  the  Ships  of  the  Cinque  Ports  and  the  Thames,     I  23l  . 
«  being  of  that  Burden,  fhould  ride  at  Wtnchelfea  ;  the 

'  Admiral  to  be  William  Clinton,  Earl  of  Huntingdon  5 

*  the  whole  Fleet  to  be  ready  before  the  End  of  Lent. 
'  Command  was  given  to  the  Admirals  to  ftay  all  other 

*  Ships  which  might  pafs  the  Seas,  and  to  warn  them 

*  to  go  into  fafe  Harbours  ;  and  to  furnifh  this  Fleet  with 
c  Soldiers,  befide  thofe  whofe  Duty  was  to  attend,  and 

*  alfo  thofe  who  were  preft,  general  Proclamation  was 
1  ordered  to  be  made,  That  all  Perfons  who  had  received 
6  of  the  King  Charters  of  Pardon,  {hould  now  repair  to 

*  the  Sea-Coafts  for  the  King's  Service,  on  Pain  of  for- 

*  feiting  the  fame  *. 

'  The  Lord  Richard  Talbot  having,  in  Parliament, 

*  undertaken  for  the  Security  of  the  Town  of  Southamp- 

*  ton,  was  appointed  Captain  of  the  Town,  and  allowed 

*  for  that  Service  twenty  Men  of  Arms,  and  one  hun- 
dred Archers  extraordinary  at  the  King's  Wages,  and 
more  upon  Occafion.    All  which  Soldiers  to  have  one 
Month's  Pay  before-hand,  and  Sir  Richard  ioo/.  by 
Way  of  Gratuity ;  being  alfo  appointed  to  fee  the  faid 
Town  forthwith  fortified,  according  to  Covenants  in 
a  Pair  of  Indentures ;  and  to  levy  the  Charges  on  the 
Neighbours  bordering  thereabouts ;  and,  if  that  {hall 
not  fuffice,  on  the  Inhabitants.    The  Bifliop  of  IFin- 

«  cbefttr, 

1  See  Knygbtcn  for  the  Guards  to  the  Sea  Coarts. 

See  the  Statutes  at  large  for  all  thcfc  Subfidks,  An,  Rfg,  14.  Edw,  lilt 


2  ro  ^hc  Parliamentary  HISTORY 

K.fJwj/rfHI.'  cbejler,  Adam  de  Orleton  *,  the  Prior  of  St.  Swltbins9 
'  and  the  Abbot  of  Hyde,  were  ordered  to  keep  at  their 
'  Manors  near  Southampton,  with  all  their  Powers,  to 
«  be  ready  to  aflift  the  faid  Sir  Richard  at  his  Call ;  and 

*  that  all  the  Inhabitants  {hould  remain  ftill  upon  the 
4  Place  to  defend  the  fame,  on  Pain  of  lofing  all  they 

*  had.     Sir  Richard  was  to  have  all  the  Ammunition 

*  and  Warlike  Furniture  of  the  fame  Town,  to  be  de- 
c  livered  into  his  Hands  by  Indenture ;  the  Sheriff  of 

*  Southampton  having  a  Writ  of  Attendance  on  him  for 
£  232  ]      '  Victuals  and  other  Neceflaries  ;  and  two  Serjeants  at 

*  Arms  were  to  provide  Timber. 

'  Thus  much  for  the  Sea  and  the  Coafts.     As  to  the 
f  Marches  of  Scotland,  two  Merchants  of  Lynn-Regis, 

*  and  two  others  of  Barton  upon  Humber,  undertook  to 

*  deliver  10,000  Quarters  of  all  Kind  of  Grain  at  the 

*  Town  of  Berwick^  and  in  the  Road  of  Leith  j  every 

<  Quarter  of  Wheat  and  Malt  at  9  s.  and  Oats,  Beans, 

*  and  Peafe,  at  51.  To  which  there  was  added  a  Caution, 
«  that,  under  Colour  of  this  Licence,  they  {hould  not  ferve 

<  the  King's  Enemies.  Sir  Thomas  Rokeby  took  upon  him 

*  the  Defence  of  the  Caftles  of  Edinburgh  and  Stirling. 

'  To  preferve  the  IJle  of  Wight,  the  Inhabitants  there- 

*  of,  during  the  War,  were  relpited  the  Payment  of  any 

*  Aid  to  the  King  ;  and  that  none  of  them  {hould,  by 
'  any  Means,  be  difpenfed  with  to  travel  abroad,  or  to 

*  abfent  themfelves  out  of  the  faid  Ifle  ;  nor  {hould  be 
4  impannelled,  or  warned  at  any  Aflize,  or  Inqueft,  du- 

*  ring  the  faid  War  :  And  that  due  Provifion  be  made 

*  of  Wine,  Grain,  Coals,  and  other  Neceflaries  for  the 
«  Caftle  of  Carijbrook. 

4  Sir  John  Ferrers,  Captain  of  Jerfey  Ifland,  was  now 

*  appointed  to  fend  thither  a  fufficient  Deputy,  to  whom 
'  like  Rules  were  let,  and  Provifion  allowed  for  De- 

*  fence  of  the  fame. 

*  On  the  Back-fide  of  this  Roll  are  feen  the  Numbers 

*  of  fuch  Soldiers  as  were  arrayed,  and  fet  out  by  certain 

*  Nobles,  Knights,  and  Gentlemen  of  the  Counties  of 
"  York,  Nottingham,  Derby,    Lancajler,  IV ejlmor eland ^ 

*  and  Cumberland,  by  their  particular  Rates  ;  which,  in 

*  the  whole,  amounted  to  7400  Men  of  Arms,  200 

Archers 

g  Who,  tho'  principally  concerned  in  the  Murder  of  King  Edivard  II. 
yet,  like  a  true  Courtier,  had  played  his  Cards  fo  well  as  to  be  tranftated  to 
the  rich  See  otWincbeJler  by  his  Son,  Edw.  HI,  See  before,  p,  1 79,.  196. 


cf   ENGLAND.  251 

f  Archers  on  Horfeback,  and  2000  Halbardiers.    Thofe  K-  Edward  JUt 

*  of  the  three  nrft-named  Counties  were  ordered,  at  the 

*  Cofts  of  the  Country,  only  to  march  to  Newcaftle  upon 
'  Tyne ;  and  they  of  Jf^eftmoreland,  Cumberland,  andZ,<?n- 

*  cafter,  to  Carlisle  only.     And  the  Captains  and  others 

'  being  together  to  lie  and  forage  upon  Scotland)  and  not     [  233  1 
'  upon  the  Marches  of  England.' 

No  fooner  had  King  Edward  carried  his  Con- 
quefts  fo  far  as  to  aflame  unto  himfelf  the  Style  and  ^ 
Arms  of  France,  but  he  caufed  his  Great  Seal  to  be0SFra 
changed,  and  added  the  Fleurs  de  Lts  of  France  to  the 
Lions  of  England.  Finding  it  neceffary  for  his  Affairs 
to  return  into  his  own  Country,  to  raife  more  Money 
on  his  Subje6ts,  he  called  a  Parliament  immediately  af- 
ter, when  the  Writs  of  Summons,  directed  to  all  the 
Sheriffs  in  England,  were  fealed  with  his  New  Broad 
Seal.  They  were  dated  at  Harwichy  Feb.  21,  being  the 
very  Day  of  his  Landing  h. 

On  the  2gth  of  March  next  following  the  King  met  Anno  Regni 
his  Parliament  at  Wejlminjler  ;  and  it  appears  by  the        i340. 
Date  of  the  Writs  that,  in  Cafe  of  abfolute  Neceffity,  a 
Parliament  might  be  then  called  within  lefs  than  forty 
Days,  tho'  the  Ufage  is  otherwife  now.     The  Caufe  of 
their  Summons  was  declared  to  be,'  *  For  granting  him 
a  great  Aid,  or  elfe  he  mould  be  for  ever  difhonoured,  Another  Su   jy 
and  his  Lands,  as  well  on  this  Side  as  beyond  the  Sea,  voted  for  com- 
in  great  Danger,  if  he  mould  lofe  his  Allies.     That  plating  the  Con- 
he  was  in  his  own  proper  Perfon  obliged  to  return  queft  ot  Fraafe* 
to  Brujfeh,  and  ftay  there    as  a  Pledge,  untill  the 
Sum  he  was  engaged  for  was  all  paid.     But,  in  cafe 
he  might  have  a  fufficient  Aid,    all  thefe  Mifchiefs 
would  be  prevented,  and  his  Defign,  by  the  Help  of 
God,  have  a  good  liTue.'     Wherefore,  at  the  King'$ 
Requeft,  the  Parliament  having  Regard  to  his  Declara- 
tion, granted  him  the  ninth  Sheaf,  Fleece,  and  Lamb, 
and  the  Citizens  and  Burgeffes  the  ninth  Part  of  all  their 
Goods  and  Chattels,  according  to  the  true  Value,  for 

two 

h  Rjnar's  Fa-J.  /Ing.  Tom.  V.  p.  170.  In  the  Writ  is  this  extraor. 
dinary  Claufe,  A'on  Mirantei  quad  Sti/um  nojirum  confuetum  mutjvir:usf  et 
Regsm  Francias  rts  facimus  ncminari  j  natn  diverfte  fubfurt  Caude,  ftr 
yuas  kac  facere  necejjsrio  ttos  oforttt,  et  quas  •uobit  et  aliis  Prtelatit  <t  Mag- 
r.2t:b:ts,  necr.on Communitatibus  ejufdem  Regni  noftri  Anglix  addiflum Par- 
•'.-,  pleniui  exponemut. 

Lan  di jiti  ^^jr^d'An^ltterrc  quatarzifmt  tt  de  Fraunce  fritter.  Rccorti. 


252  *Tbe  Parliamentary  HISTORY 

K,  Ed-wartlll.  two  Years  next  coming.  They  alfo  granted  a  Fifteenth 
on  all  foreign  Merchants  that  did  not  refide  in  Cities 
and  Towns  ;  likewife  upon  thofe  People  that  dwelt  in 
Forefts  and  Waftes  ;  and  upon  all  thofe  thac  lived  by 
'   *34  ~\      louring  at  Husbandry;  Beggars,  Cottagers,  and  Slaves, 
•  only  excepted :  Upon  Condition  that  the  King  would 

confent  to  ena&  and  eftablifh,  that  from  thenceforth  no 
Cuftom  fhould  be  taken  for  one  Sack  of  Wooll  but  half 
a  Mark;  and  of  Lead,  Tin,  Hides,  Leather,  or  Woolls, 
nothing  but  the  antient  Cuftom.  Yet,  notwithftanding 
they  made  this  Requeft  to  the  King,  this  Parliament 
unanimoufly  granted  him,  of  every  Sack  of  Wooll  40  s. 
of  every  Laft  of  Leather  4/.  of  every  three  hundred  of 
Wooll  -fells  40  s.  and  of  every  other  Sort  of  Merchandize, 
to  be  exported,  according  to  their  Weight  or  Meafure  ; 
to  commence  at  Eajler  this  Year,  being  the  Fourteenth 
of  the  King's  Reign,  to  IVbitfuntlde  in  the  Year  enfu- 
ing.  From  which  laft  Date,  and  forwards,  the  King 
granted  that  neither  he  nor  his  Succeflbrs  fliould  defire, 
take,  nor  permit  to  be  taken,  more  than  two  Marks  for 
Cuftom  on  a  Sack  of  Wooll,  belonging  to  the  Englijh  ; 
and  of  Skins,  Leather,  and  other  Merchandizes,  ac- 
cording to  antient  Cuftom.  Our  Author  ',  who  is 
very  expreffive  in  thefe  Taxations,  goes  on  and  writes, 
that  a  Sack  of  Wooll  ought  to  weigh  26  Stone,  every 
Stone  being  14.  Pounds;  and  that  every  Englishman  or 
Foreigner,  going  out  of  England  into  foreign  Parts,. 
Ihould  find  good  and  fufficient  Security  for  the  Payment 
of  thefe  Cuftoms,  before  his  going  abroad,  viz.  That  he 
fhould  bring  back  with  him  a  Piece  of  Silver  or  Gold 
Plate  to  the  Value  of  two  Marks,  for  each  Sack  of 
Wooll,  and  fo  for  other  Merchandize,  as  aforefaid,  at 
his  Return.  The  fame  Piece  of  Plate  to  be  carried  to 
the  King's  Exchange  k,  there  to  receive  the  Overplus  of 
it  in  coined  Money.  For  this  extraordinary  Grant  to 
the  Crown,  the  King,  on  his  Part,  adds  our  Authority, 
granted  many  Things  for  the  Eafe  of  the  Public;  as, 
pardoning  Offenders  in  Foreft  Laws,  giving  Felons* 
Goods,  and  many  other  Matters,  as  are  contained  in  a 
Charter  made  for  that  Purpofe.  The  Clergy  alfo  granted. 

the 

*  Kr.ygbton.     Col.  2576. 

k  Knygbton\  Words  are  here,  Ad  Efccmbium  Regis,  which  we  fuopofo 
was  the  Exchequer,  or  Mint ;  and  that  this  Law  was  made  in  order  to  eu- 
courage  Plate  or  Bullion  to  be  brought  into  the  Kingdom. 


of  E  N  G  L  A  N  D.  253 

the  King  a  Tenth  in  their  Convocation  held  at  London^  K.  Ed-ward  ill. 
Offober  i,  for  three  Years  j  and  that  the  Tenth  of  the      r          , 
prefentYear  fhould  be  paid  in  afhorterTime  than  was     *•  2^  •* 
appointed :  But  they  flatly  denied  to  give  their  Woolls, 
as  the  Laity  had  done  to  their  no  fmall  Damage  j  for 
that  Commodity  rofe  to  double  the  Value  in  a  very  fhort 
Time  '. 

Another  Hiftorian  m  is  ftill  more  particular  in  the 
King's  Conceffions;  and,  after  faying  that,  befides  thefe 
Supplies,  the  King,  for  his  prefentOccafions,  borrow'd  o£ 
divers  wealthy  Perfons  what  Sums  they  could  fpare,  and 
that  the  City  of  London  lent  him  20,000  Marks  n,  he 
adds,  '  That,  in  Confutation  of  thefe  Grants  and  Con- 
tributions, the  King,  befides  his  Pardons  to  divers 
Kinds  of  Offenders,  remitted  all  Amerciaments  for  all 
TranfgrefHons  in  his  Forefts,  Reliefs,  and  Scutage, 
unto  the  firftTime  of  his  going  into  Flanders ;  befides 
all  Aids  for  the  Marriage  of  his  Sons  and  Daughters 
during  his  Reign:  Pardoning  and  remitting  all  antient 
Debts  and  Arrearages,  both  of  his  Farmers  and  others, 
any  ways  due,  both  in  the  Time  of  his  Anceftors  and 
his  own,  'till  the  loth  Year  of  his  Reign,  excepting 
fuch  as  were  compounded  for,  and  ordered  to  be  paid 
into  his  Exchequer:'  And  now,  likewife,  he  confirm'd 
Magna  Charta. 

Edward  having  ftyled  himfelf  King  of  France,  and 
altered  his  Arms,  his  EngUJh  Subjects  thought  them-  The  Parliament 
felves  in  Danger  of  becoming  a  Province  to  France,  asP"1''™1116^1"? 

,     .  rr«        i  IT  i  /->  that  he  would 

being  the  greater  Kingdom  ;  the  Lords  and  Commons  not  make£«f- 
therefore  befought  him,  '  That  they  might  be  bound  to/Wa  Province 
«  obey  him  only  as  King  of  England;  and  that  this  Na-£0  *«»«• 

*  tion  mould  not  be  put  in  Subjection  to  him  as  King  of 

*  France?     The  King,  to  give  his  Subjects  entire  Satif- 
faction  in  that  Matter,   and  to  remove  their  Jealoufy, 
gave  this  Parliament  his  Letters  Patent  of  Indemnity ; 
•which,  being  fmgular  in  their  Nature,  we  (hall  give, 
tranflated  from  the  Latin  Original,  as  follow  °  : 

EDWARD 

1  Hollingjbead's  Clron.  from  Adam  Myrimutb,  p.  355. 

W   Samuel  Daniel,  in  Kennet,  p.  216. 

n  Fabian,  in  his  Chronicle,  has  given  us  the  Manner  how  this  Money 
was  raifed  through  the  feveral  Wards  of  the  City,  and  the  Names  of  the 
Lenders.  This  Loan  was  to  Le  repaid  out  of  the  Money  arifing  from  the 
aforefaid  Grant.  Fabians  Cbron. 

o  It  was  alfo  made  into  a  Statute.     See  Statute}  at  Ia*pe,  jfnno  1 34.  J  • 

The  Oftginal  is  not  on  the  Rolls,  only  the  Preamble  to  it. 


254  The  Parliamentary  HISTORY 

K.  Edwardlll,     EDWARD,  by  the  Grace  of  God,  King  of  England 
T  236  T  an<^  Francet  Lord  of  Ireland,  to  all  thofe  who  thefe 

Letters  (hall  hear  or  fee,  Greeting. 

The  King's  De.  J7~NOW  ye,  that  whereas  feme  People  do  think  that> 
elaration  that  -A-  ty  reafon  that  the  Realm  of  France  is  devolved  unto  us 
fiilf  continuum-  as  r;£^  Heir  of  the  fame ,  and  for af much  as  we  are  King 
fcfeadeflt.  of  France,  our  Realm  of  England  Jhould  be  in  Subjection 
to  the  King  and  Realm  of  France  in  Time  to  come  ;  we9 
having  Regard  to  the  EJlate  of  our  Realm  of  England, 
and)  namely ,  that  it  never  -was,  nor  ought  to  be,  in  Subjec- 
tion, nor  in  the  Obeifance  of  the  Kings  of  France,  which 
for  the  Time  have  been,  nor  of  the  Realm  of  France :  And* 
willing  to  provide  for  the  Safety  and  Defence  of  the  faid 
Realm  of  England,  and  of  cur  Liege  People  of  the  fame,  df 
will  and  grant,  and  ejlablijh  for  us  and  for  our  Heirs  and 
SucceJJors,  by  Ajjent  of  the  Prelates,  Earls,  Barons,  and 
Commons  of  our  Realm  of  England,  in  this  our  prefent 
Parliament  fummoned  at  Weftminfter,  the  Wednefday 
next  after  the  Sunday  in  Midlent,  the  i^th  Year  of  our 
faid  Reign  of  our  Realm  of  England,  and  the  firjl  of 
France,  that  by  the  Caufe  or  Colour  of  this,  that  we  are 
King  of  France,  and  that  the  faid  Realm  to  us  pertaineth 
as  aforefaid  j  or  that  we  caufe  ourfelves  to  be  named  King 
0/"France  in  our  Style,  or  that  we  have  changed  our  Seals  or 
our  Arms ;  nor  for  Commands  which  we  have  made,  or 
hereafter  Jhall  make,  as  King  of  France,  neither  our  faid 
Realm  of  England,  or  the  People  of  the  fame,  of  what 
EJlate  or  Condition  they  be,  Jhall,  in  any  Time  to  come,  be 
•put  in  Subjection,  or  in  Obeifance  of  us,  nor  of  our  Heirs 
nor  SucceJJors,  as  Kings  of  France  as  aforefaid,  nor  be  fub- 
jeft,  nor  obedient;  but  fiall  be  free  and  quit  of  all  Manner 
of  Subjection  and  Obeifance  aforefaid,  as  they  were  wont 
to  be  in  the  Time  of  our  Progenitors,  Kings  of  Englandj 
for  ever. In  Witnefs  whereof,  &c. 

Mr.  Tyrrel  has  an  ingenious  Obfervation  on  fome  fur- 
ther Tranfaclions  in  this  Parliament:  He  takes  Notice, 
'  That  fmce  the  Aids  given  in  the  laft  Parliament  were 
f  2-  7  ~\     '  no*  ^uty  anfwered  to  the  King  by  thofe  who  had  the 
.*•     37  J      *  Care  thereof,  certain  PerfonsVere  appointed  to  take 

*  the  Accounts  of  Sir  William  de  la  Pole,  Sir  John  Char- 

*  neL  and  others,  who  had  received  the  Money  and 

«  Wooll 


*f    ENGLAND.  255 

Wooll  formerly  given,  and  they  had  a  Day  affigned  K.  Efaoard  HI, 
them  to  produce  their  Accounts ;  and  in  the  mean 
Time  feveral  Noblemen  and  others  became  bound  for 
the  Accountants,  that  they  fhould  anfwer  for  what  they 
had  received.    This  deferves  our  Notice,  adds  he,  be- 
caufe  it  is  the  nrft  Example  that  we  can  find,  that  any 
Money  given  in  Parliament  was  by  them  ordered  to 
be  accounted  for  to  Perfons  appointed  by  themfelves.' 
There  was  little  elfe  material  done  in  this  Parliament, 
except  that  the  Marquis  of  Juliers,  who  had  done  Ed- 
ward  great  Service  in  France,  was  created  Earl  of  Cam- 
bridge, with  a  Penfion  of  iooo/.  a-year. 

And  as  we  have  compared  the  before-related  Particu- 
lars, taken  from  antient  and  modern  Hiftorians,  with 
the  Rolls  of  Parliament,  and  found  them  right,  the  greateft 
Credit  may  be  given  to  them. 

In  a  fmall  Time  after  the  lad  Parliament  the  King 
prepared  a  great  Fleet,  in  order  to  meet  a  large  one 
which  the  French  had  fitted  out,  and  beat  them  at  Sea, 
if  he  could,  as  well  as  at  Land.     With  thefe  the  King 
went  in  Perfon,  and  fet  Sail  from  hence  June  22,  1341  ; 
but  before  he  went  figned  a  Commiffion  to  the  Duke  of 
Cornwall,  &c.  to  hold  a  Parliament  on  the  yth  of  July 
following  at  Weftminjler  ;  which  being  met,  the  Arch- 
bifhop  of  Canterbury  declared  the  Reafons  for  calling 
this  Parliament  to  be,  '  Firfl,  To  confult  what  further 
Courfe  was  beft  for  the  King  and  his  Allies  to  take 
againft  France.     Secondly,  To  provide  for  the  com- 
mon Peace,  and  how  to  keep  good  Order  at  home. 
Thirdly,  To  take  Care  for  the  Defence  of  the  Northern 
Parts.     Fourthly,  For  the  Dominion  at  Sea.    Fifthly^ 
How  to  anfwer  to  the  King  the  Subfidy  laft  granted 
him  P.' 

On  the  next  Day,  being  Thurfday,  the  great  Victory 
which  the  King  had  lately  obtained  at  Sea  was  openly 
declared  in  Parliament,  and  it  was  moved  by  the  Chan- 
cellor, '  That^  to  go  on  fo  as  to  perfect  thefe  happy  Be-  Farther  Granu 
'  ginnings,  he  muft  be  further  enabled  with  great  Sup-  for  the'fiw* 
'  plies  of  Money  :  That  the  King  defired  their  Advice  w«r« 
'  how  it  might  be  raifed  with  the  leaft  Grievance  to  his 

*  People.' 

P  On  the  Rolls  this  and  the  laft  Parliament  are  divided  into  Pan  prim* 
et  fecunJa ;  by  which  it  fhould  feem  that  they  were  one  and  the  fame  Par- 
liament, and  yet  they  bctli  begin  \vi:h  the  fame  Foinnliiies. 


256  tte  Parliamentary  HISTORY 

K.£dwa nflll.*  People.'  The  Anfwer  to  this  was  poftponed  till  Sa* 
turday;  at  which  Time  the  Lords  and  Commons  granted 
the  King,  as  in  the  laft  Parliament,  the  Ninth  of  their 
Corn,  Wooll,  and  Lamb,  and  many  other  ufeful  Pro- 
vifoes  were  made  for  anfwering  the  fame. 

F  2«8  1  "^e  fame  Day  came  the  Earls  of  Arundele  and  Glou- 
cejler^  with  Sir  William  Tru/ell  S  from  the  King,  with 
Letters  figned  with  the  Privy  Seal,  and  directed  to  the 
Lords  and  Commons  in  Parliament  aflembled ;  purport- 
ing his  great  Naval  Victory  near  the  Port  of  Swyn,  or 
Sluys^  and  prefiing  for  a  fpeedy  Supply  of  Money  to  carry 
on  the  War  this  Summer  with  Vigour. 

In  Obedience  to  thefe  Demands  of  the  King's,  and 
being  in  exceeding  good  Humour  on  Account  of  the 
Victory,  the  Parliament  went  immediately  upon  Ways 
and  Means  to  fupply  him ;  and  John  Stratford,  Arch- 
bifhop  of  Canterbury  ;  Ralph  Stratford^  Biihop  of  Lon- 
don ;  with  other  Bifhops,  Abbots,  and  Knights,  freely 
undertoook,  on  their  own  Credit,  to  raife  the  King 
20,000  Sacks  of  Wooll :  So  that,  for  every  Sack  of  the 
beft  Sort,  the  King  mould  receive  67.  for  others  5/.  and 
for  the  worft  four  Marks,  betides  his  Cuftom  of  401.  on 
every  Sack ;  and  of  all  this  Money  a  fpeedy  Return  to 
be  made  to  the  King.  It  was  ftipulated,  however,  that 
the  Subfidy  of  next  Year  mould  be  employed  for  the 
Payment  of  this  Loan,  and  this  to  be  confirmed  by  the 
King's  Letters  Patent. 

The  Roll  gives  us  an  Account  of  a  large  Quantity  of 
Provifions,  which  were  ordered  for  the  Uie  of  the  King's 
Fleet  by  this  Parliament,  viz.  2000  Quarters  of  Wheat, 
500  of  Beans  and  Peafe,  500  of  Oats,  200  of  Fitches  T 
or  Chiches,  800  Sides  of  Bacon,  two  Tons  Weight  of 
Cheefe,  and  100  Tons  of  Wine.  Two  Perfons,  there 
named,  were  appointed  Purveyors-General  of  the  Ports 
of  Sandwich  and  Southampton;  and  44007.  were  afligned 
out  of  the  Aids  of  the  Counties  of  EJfcx  and  Oxford  for 
the  King's  Butler. 

The  Record  is  alfo  very  particular  in  the  Names  of 
the  Merchants,  who  were  ordered  by  Writ  to  attend 
Commiflioners,  about  thePurchafe  of  the  Woollsafore- 

faid, 

S  Procurator  to  the  Parliament  that  depofed  Ed-ward  II.  See  before, 
p.  185,  203. 

t  The  Word  in  the  Record  is  Cifere,  which  our  old  French  Dictionaries 
translate  as  above. 


c/'ENGLAND.  257 

faid,  &c.  but  as  this  is  too  prolix  for  our  Defign,  we  K,  Edward  III, 
fhall  give  the  Reader  Mr.  TyrreFs  Abftract  of  the  reft  of 
the  Proceedings  of  this  Seffion;  and  the  rather,  becaufe 
it  tends  to  illuftrate  fome  Paffages  that  will  come  before 
us  in  the  Hiftory  of  fucceeding  Parliaments. 

'  Then  it  was  farther  agreed  in  Parliament,  That,     [  2ia  1 
'  for  the  fpeedy  Sale  of  this  Wooll,  and  turning  it  into 
'  Money,  as  alfo  the  ninth  Fleece  which  had  been  given 

*  in  the  laft  Parliament,  the  Sheriffs  fhould  be  com- 
'  manded  to  fend  up  from  all  Cities  and  Boroughs  of 
«  their  feveral  Counties,  certain  Merchants,  to  appear 
'  before  the  King's  Council  at  Weftminfter^  on  the  I5th 
«  of  Auguft  next  enfuing,  to  treat  with  them  about  the 
'  buying  the  faid  Wooll  in  all  Counties.     Where  the 
6  Archbifhop  of  Canterbury,  with  fome  other  Bifhops, 

*  Earls,  and  Barons  of  the  King's  Council,  there  named, 
«  treated  with  them,  and  contracted  for  a  great  Number 

*  of  Sacks  of  Wooll ;  the  Money  to  be  paid  at  Bruges 
'  within  three  Weeks  after,  or  upon  the  8th  of  Septem- 

*  ber9  or  elfe  upon  the  Feaft  of  St.  Michael  next  enfuing 
'  at  the    fartheft.     The  Merchants  of  Bardeton   and 
'  Prujjia  contracted  for  a  great  deal  of  this  Wooll,  and 

*  engaged  to  pay  the  Money  to  thofe  of  Louvain  and  Ma~ 
c  lines ;  and  feveral  particular  Perfons  are  there  named, 
'  both  Almans  and  others,  that  had  been  retained  by 
«  King  Edward.     The  Lords  of  the  Council  fent  for 

*  divers  Perfons  to  account  before  them,  and  ordered 
«  them  to  return  this  Money  to  the  King  beyond  Sea  ; 

<  but  what  the  Reafon  was  that  thefe  Returns  were  not 
c  made  to  the  King  accordingly,  is  hard  to  determine  ; 
c  for  fome  of  our  Writers  lay  the  Fault  upon  the  Mer- 
«  chants  that  were  to  return  the  Money  ;  and  others, 

<  upon  the  Knavery  or  Negligence  of  the  King's  Officers, 
«  who  having  got  thefe  Woolls  into  their  Hands,  did  not 

<  deliver  them  to  the  Merchants  according  to  Agree- 

<  ment2.' 

Purfuant  to  what  Mr.  Tyrrel  relates,  the  King  finding 
himfelf  pinched  for  Want  of  Remittances,  and  having 
contracted  great  Debts  abroad,  in  order  to  carry  on  the 
War  this  laft  Campaign,  he  determined  to  conclude  a 
Truce  with  France  for  fome  Time,  and  to  go  privately 

VOL.  I.  R  back  ' 

a  See  Cotton's  Mrid^ment^  p.  30,  for  an  Abftraft  from  the  Record  in 
tins  Parliament  of,  what  is  there  called,  a  fpccial  and  rare  Cafe,  £JV. 


258  *Tbe  Parliamentary  Hi s T  OK v 

K.  Edward  IH.back  into  England  to  find  out  the  Defaulters,  and  pu- 
niih  them  according  to  their  Deferts.  Accordingly  he 
took  Shipping  in  Zealand,  with  only  his  Queen  and 
eight  more  Perfons  of  Quality  ;  and,  after  riding  out  a 
furious  Storm,  which  held  them  for  three  Days  together, 
f  240  ]  he  landecl  &fe  at  the  Tower,  about  Two  o'Clock  in 

the  Morning,  November  30,  in  the  Year  1341. 
K'n    re        Upon  the  King's  entering  the  Tower,  he  found  no 
turns  home  "rl-  Guard  there  upon  Duty,  and  only  his  Children  and  a 
vately,  to  inquirefe  w  Servants  that  waited  on  them  ;  for  which  he  pre- 
'"Sition  rffthe*~entty  ^ent  *°r  the  Conftable  an(*  committed  him  to  clofe 
Supplies1,  °      e  Confinement  in  his  own  Prifon.     In  the  fame  Manner 
he  ferved  the  Mayor  of  London,  the  Keeper  of  the  Great 
Seal,  the  Lord  Chief  Juftice  of  the  King's  Bench,  three 
Clerks  of  the  Chancery,  and  one  of  the  Exchequer,  who 
having  all  been  concerned  in  raifing  or  receiving  the  late 
Subfidies,  foon   found  Lodgings  in  the  fame  Prifon. 
The  Bifhops  of  Chichejler,  and  Litchfield  and  Coventry, 
the  one  his  Chancellor,  the  other  Lord-Treafurer,  he 
turned  out  of  their  Offices  and  imprifoned  for  a  Time  ; 
but  durft  not  detain  them,  for  Fear  the  Clementine  Con- 
Jiitutions,  forbidding  Bifhops  to  be  imprifoned,  fhould 
affea  him.  But  the  greateft  Ecclefiaftical  Perfon  he  had 
to  deal  with,  in  this  Affair,  was  the  Archbimop  of  Can- 
terbury, who  he  well  knew  was  as  culpable  as  any.  Many 
fevere  Meflages  were  fent  from  the  King  to  the  Prelate, 
who  had  retired  to  his  own  Palace  at  Canterbury,  and 
fome  as  haughty  Anfwers  were  returned.     Atlaftthe 
King  refolved  to  lay  the  whole  before  his  Parliament, 
and  to  take  their  Opinions  how  he  ought  to  proceed. 

AnnoRegni  16.     Accordingly  a  Parliament  was  fummoned  to  meet  at 
1342.        Wejlminjler  on  Eajler- Monday,  April  23,   1342,  the 
ler.  Caufes  whereof  were  declared  to  be,  *  How  the  King 
6  might  be  fpeedily  fupplied  with  the  Grants  given  him 

*  laft  Year,  upon  his  going  over  in  Perfon  againft  his 

*  Enemy,  Philip  ofFalois,  great  Part  of  which  was  de- 
'  tained  from  him  by  evil  Officers ;  and  how  a  fufficient 
'  Sum  of  Money  might  be  raifed  for  the  King's  prefent 

*  Neceffities.'     After  which  a  Declaration  was  made  in 
the  King's  Name,  *  That  whoever  of  his  Subjects  mould 
«  think  themfelves  hardly  dealt  with,  either  by  himfelf 
'  or  any  of  his  Officers,  upon  Complaint  and  Proof  made 

*  thereof,  mould  have  Redrefs.' 

To 


^ENGLAND.  259 

c  To  this  Parliament  the  Archbifhop  of  Canterbury^  Edward  III, 
came,  though  he  had  no  Writ  of  Summons,  attended 
with  a  great  Company  of  his  Clergy  and  many  Knights.     [  241  ] 
Upon  his  Entrance  into  the  Houfe,  the  High  Steward 
and  Chamberlain  met  him,  who,  in  the  King's  Name, 
forbad  him  to  enter  the  Parliament,  untill  he  had  un- 
dergone a  Trial  in  the  Exchequer,  for  divers  Things  laid 
to  his  Charge.     The  Archbifhop,  left  he  ftiould  move 
the  King  too  much,  vouchfafed  to  go  into  that  Court, Articlespreferr'd 
and  there  took  a  Copy  of  the  Articles,  of  which  his  Ac-  J?i^0f  c«"rl 
cufation  confifted,  and  to  thefe  he  promifed  to  return  bury  on  that  Ac- 
an  Anfwer.     Upon  which  he  was  fuffered  by  the  Kingcount« 
to  come  into  Parliament,  and  there,  before  the  whole 
Aflembly,  he  declared  the  Caufe  of  his  coming  to  be, 

*  For  the  Honour,  Rights,  and  Liberties  of  the  Church, 
'  for  the  Profit  and  Commodity  of  the  Realm,  and  for 
'  the  Intereft  and  Honour  of  the  King  :  And,  lajlly^  that 

*  he  might  clear  himfelf  in  Parliament  of  feveral  Crimes 
'  laid  to  his  Charge,  and  publifhed  all  over  England  to 
"  his  Prejudice  b.' 

This  occafioned  a  great  Debate  amongft  the  Lords 
on  the  Queftion,  *  Whether  the  Nobility  of  the  Land 
6  fhould  be  put  to  anfwer,  except  before  their  Peers  in 
'  open  Parliament  f  A  Committee  of  twelve  Peers  was  A  Committee  of 
appointed  to  draw  up  a  Reprefentation  to  his  Majefty  j  twelve  Peers  ap- 
and  they  were  alfo  to  inquire  concerning  the  Crimes [°J"Jis Conduft? 
laid  to  the  Archbifhop's  Charge,  and  fairly  to  reprefent 
how  far   they   thought  him  blameable.     Mr.  Jofiita 
Barnes^ ,  who   we   have   before  mentioned,  and  who 
wrote  the  Life  of  this  great  King  in  one  large  Volume 
in  Folio,  has  very  faithfully  collected,  from  the  Parlia- 
ment-Rolls and  other  Records,  fuch  Materials  as  were 
proper  for  his  Purpofe  ;  and  is  fo  particular  in  the  Sequel 
of  the  Controverfy  betwixt  the  King  and  the  Prelate, 
R  2  that 

b  It  was  greatly  fufpefted  that  the  Archbiftiop,  at  the  Infligation  of 
Pope  Benedifi  Xll.  who  was  a  Frenchman,  and  confequently  no  Friend  to 
Ed-ward's  L'onquefts  in  that  Kingdom,  had  played  falfe  in  this  Matter. 
Speed's  Cbron.  p.  574. 

Collier  writes,  ThatBurgbwa/b,  Bifhop  of  Lincoln,  and  Sir  Geoffrey  Scrape, 
one  of  the  Judges,  had  an  old  Grudge  againft  Archbifnop  Stratford,  arid 
fcized  this  Opportunity  to  pu/h  the  Advantage  againft  him. 

See  the  Affair  at  Length  in  the  fame  Author,  where  the  Peerage  of  the 
Eifhops,  and  their  Right  of  being  tried  per  Parti,  is  learnedly  maintained 
apinft  the  Opinion  of  Sir  Edward  Coke,  p.  544. 

c  Some  Time  Greek  Pro/efibr  in  the  Univerfity  of  Cambridge. 


260  tyt  Parliamentary  HISTORY 

K,  Edward  Ul.tiaA.  we  cannot  do  better  than  give  it  our  Readers  in 
that  Author's  own  Words : 

f  Whereupon  are  named  four  BiQiops,  four  Earls, 
<  and  four  Barons,  to  draw  up  the  Platform  for  the 
'  King's  View.  Thefe  being  alfo  to  inquire  concern- 
6  ing  the  Crimes  laid  againft  the  Archbifhop,  and  to 
t  242  ]  «  prepare  them  for  the  King,  among  other  Things  de- 
'  termined,  that  the  Lord-Chancellor,  the  Lord-Trea- 
'  furer,  and  other  high  Officers  of  State,  fhould  be  in- 

*  eluded  under  the  Names  of  Peers,  and  fet  down  a  R.e- 
'  queft,  that  all  Conditions  and  Eftates  might  enjoy 

*  their  proper  and  peculiar  Liberties.     By  that  Time 

*  thefe  Things  were  thus  forwarded,   the  Archbifliop 

*  came  again  to  the  Parliament,  but  was  forbid  by  the 

*  Captain  of  the  King's  Guard,  Sir  William  jfttewooet* 

*  to  enter  :  Whereupon  he  fpake  thus  to  the  People 

*  that  flocked  about  him,  "  My  Friends,  the  King,  by 
"  his  Writ  of  Summons,  hath  called  me  to  this  Parlia- 
*'  ment,  and  I,  who  am  the  chief  Peer  of  the  Realm, 
«e  and  who,  next  the  King,  have  the  firft  Voice  in  Par- 
«<  liament,  claim  the  Rights  of  my  Church  of  Canter- 
«e  bury,  and  therefore  require  Entrance  into  Parliament*1.' 
e  But  when  for  all  this  being  kept  out  by  the  Guard,  he 

*  could  not  enter,  he  took  his  Crofs  in  his  own  Hands, 

*  and  folemnly  protefted,  that  he  would  not  ftir  from 

*  that  Place,  till  the  King  gave  him  Leave  to  come  into 
«  Parliament,  or  a  fufficient  Reafon  why  he  fliould  not. 
«  While  he  flood  there  in  this  Manner,  forne  that  were  by 
«  began  to  revile  him,  telling  him  that  he  was  a  Traitor, 

*  and  he  deceiv'd  the  King,  and  betrayed  the  Realm :  To 

*  whom  the  Archbifliop  faid,  "  The  Curfe  of  Almighty 
<c  God,  and  of  his  blefled  Mother,  and  of  St.  Thomas, 
«c  and  mine  alfo,  be  upon  the  Heads  of  them  that  inform 
<{  the  King  fo,  Amen,  Amen"     In  this  Hurry  certain 

*  Noblemen  chancing  to  come  out,  he  befought  them 

*  to  requeft  the  King  in  his  Behalf,  and  for  the  Right 
4  of  his  Church  of  Canterbury  ;  this  they  kindly  promi- 

*  fed  him  to  do ;  and  accordingly,  by  the  Intercefiion 

*  and  Favour  of  the  Lords,  the  King  gave  Leave  for  his 

*  Admiffion  into  the  Houfe ;  where  he  offered  to  purge 

*  himfelf  lawfully  in  Parliament  of  the  Crimes  objected 

'  againft 

d  lyrrel  fays  the  Archbifliop  of  Canterbury  was  not  fummoned  to  this 
Parliament. 


of  ENGLAND.  261 

e  againft  him  ;  but  he  was  referred  to  the  Confederation  K,  Edward  ill, 
'  of  the  twelve  Peers,  who  had  his  Caufe  in  Hand  at 

*  that  Time.     On  the  igth  of  April>  being  Thurfday% 
'  the  King  came  into  St.  EdwareT*  Chamber,  commonly 

4  called  the  Painted-Chamber^  before  whom,  in  Sight     r  2,»  -j 

'  of  the  Lords  and  Commons,  the  Archbifliop  humbled 

«  himfelf,  and  required   his  gracious  Pardon  ;  which, 

'  upon  the  whole  Parliament's  general  Suit  and  Intreaty, 

«  his  Majefty  granted.    After  which  the  Archbifliop  de- 

'  fired,  that  whereas  he  was  publickly  defamed  through 

*  the  Realm,  he  might  now  be  arraigned  in  open  Par- 
'  liament  before  his  Peers  :  But  the  King  anfwered,  He 
'  would  firft  attend  to  the  common  ArFairs,  and  after 
«  that  examine  lighter  Matters.  However,  a  little  after, 
'  without  any  more  Accufation,  or  Anfwer,  the  King, 
'  of  his  own  Accord,  declared  him  legally  purged  and 

*  excufed  ;  his  Majefty  having  no  Mind  to  deftroy  fo 
'  able  a  Minifter,  but  only  to  humble  him  and  break  his 

*  high  Prelatical  Obftinacv  ;  which,  for  a  while,  feemed 

*  ready  to  cope  with  the  Regal  Power.' 

A  Reverend  Writer  of  Ecclefiaftical  Hiftory  e  has 
gone  much  farther,  to  clear  the  Archbifhop  from  this 
great  Imputation,  than  Barnes  has  done  i  and  though  he 
may  be  reprefented  as  an  Author  too  partial  to  the  Pre- 
lacy, yet  we  think  what  he  fays  has,  too  much  Weight 
in  it  to  be  omitted. 

*  The  King's  Complaint  agarhft  the  Prelate  in  his 

*  Letters,  the  Articles  drawn  up  againft  him,  and  the 

*  other  Preparations  for  his  Trial,  feem  only  to  be  done 
'  ad  faciendum  Populum.  In  (hort,  it  looks  highly  pro- 
<  bable  the  young  King  had  either  been  mifled,  or  over 
'  liberal  to  his  Favourites.     Great  Taxes    had   been 
'  granted  to  profecute  and  make  Way  for  the  Title  to 

*  France^  and  yet  the  People's  Expectations  were  baulk'd , 

*  and  that  Expedition  had,  by  no  Means,  anfwered  up  to 
4  the  Profpecl  and  Expence.  That  the  Subject  therefore 

*  might  not  be  backward  to  contribute  to  the  Support 
'  of  the  War,  it  was  thought  advifeable  to  lay  the  pub- 
'  lie  Mifcarriage  upon  the  Archbifhop:  By  this  Expe- 

*  client,  the   King   would   be  flcreened,  the   Court  lie 

*  under  Shelter,  and   the  People  better  difpofed  for  the 

*  Payment  of  another  Tax.     And  tho'  fome  fufpecT:  the 

R  3  «  Arch- 

c  Ce///Vr's  Eicltjiafikal  IUJlory,  p.  545. 


262  7fo  Parliamentary  HISTORY 

K,  Ed-ward  IIJ.<  Archbifhop  was  gained  by  the  Pope  to  clog  the  War, 

'  by  not  furnifhing  the  Money  in  clue  Time,  and  that 

'  he  perfuaded  the  King  to  drop  the  Enterprize,  and 

'  make  a  Peace  ;  notwithstanding  this  Conjecture,  I  fay, 

,.          -i     '  there  are  two  Things  which  go  a  great  Way  in  the 

-        '  Proof  of  the  Archbifhop's  Innocence. 

I.  '  It  is  highly  probable  the  King  was  fatisfied  of 

*  Stratford's  Integrity,  becaufe  when,  upon  breaking  up 
'  of  this  Parliament,  he  made  another  Expedition  into 
6  France+\\e  took  the  Archbifhop  into  Favour,  and  made 
'  him  one  of  the  chief  Minifters  of  State. 

II.  '  Becaufe,  in  the  next  Parliament,  held  two  Years 

*  after,  the  King  commanded  that   the  Articles  of  Im- 
'  peachment,  drawn  up  againft  the  Archbifhop  of  Can- 

*  terbury,  fhould  be  brought  into  the  Houfe  to  be  an- 
c  nulled  and  declared  infignificant.    The  Motive  affign'd 

*  for  this  Order  is,  becaufe  the  Matter  contained  in  the 
c  faid  Articles  was  neither  reafonable  nor  true.     Thefe 

*  Things  put  together  amount,  in  my  Opinion,  to  a 

*  full  Evidence  for  the  Archbifhop's  Justification.' 

The  farther  Proceedings  of  this  Parliament  require 
fomewhat  more  Attention  than  the  former,  a  Matter  of 
great  Moment  being  the  Confequence  thereof.  To  clear 
the  Way  better  before  us,  we  (hall  fubjoin  another  Quo- 
tation from  Barney  in  order  to  lay  the  Affair  more  open, 
and  do  it  all  the  Juftice  it  deferves. 

'  Upon  Occafion  of  the  late  Conteft,  between  the 

*  King  and  the  Prelate,  the  Clergy  of  England^  in  this 

*  Parliament,  made  their  Requefts  to  the  King,  That 

*  the  Liberties  of  Holy  Church  may  be  kept,  and  the 

*  Great  Charter  be  newly   proclaimed,  and   by  Oath 
«  confirmed.     The  King  anfwered,  "  That  it  was  his 
"  Defire  that  Magnet  Charta  fhould  be  obferved  ;  but 
*'  that  it  feemed  to  him  fufficient,  for  either  that,  or 
"  other  their  Liberties,  to  be  exemplified  under  the 
*c  Great  Seal;  and  that  more  Oaths  were  not  necefTary ; 
"  efpecially    fince   already   too   many   were   forfworn 
"  throughout  the  Land  f." 

'  Then  they  {hewed  how  feveral  of  the  Clergy  were 

*  imprifoned  by  the  King's  Officers  without  due  Procefs, 

and 

f  Mr.  Tyrrel,  in  reciting  this  Refufal  of  the  King's,  on  Account  of  the 
Multiplicity  of  Oaths,  makes  this  ftrewd  Remark,  «  this,  by  the  Way, 

*  fliews,  fays  he,  that  Oaths  taken  of  Courfe  were  no  better  kept  in  thol's 
'  Times  than  they  are  in  ours  j'  nor  even  in  Times  after  his. 


of   ENGLAND.  263 

6  and  that  therefore  they  may  be  delivered  :  To  which  ^.Ed-ward  ill. 

'  the  King  anfwered,  "  That  he  intenddd  not  any  Cler- 

"  gyman  fhould  be  attached  againft  Law  ;  and  that  he      t  245  J 

"  would  be  ready  to  hear,  if  any  was  in  that  Manner 

*c  imprifoned,  either  againft   Magna  Charta,  or   the 

"  Statute  of  Northampton." 

'  They  complain'd  further,  That  feveral  of  the  King's 

*  Officers  had  entered  divers  Religious  Houfes,  and  ha- 
4  ving,  by  Oath,  extorted  a  Conieffion  of  Goods  there 
'  depofited,  carried  them  away.    The  King  anfwered, 
"  That  he  would  not  his  Officers  mould  do  thus  :  But 
"  that  if  Laymen,  to  defraud  him,  did  conceal  their 
"  Go.ods  in  tuch  Places,  then  the  Privilege  mould  not 
"  avail :  For  fo  the  King  is  wronged." 

c  On  Saturday  following  the  Lords  petitioned,  That  Petitions  of  the 

*  Magna  Chart  a  might,  in  all  Points,  be  obferved  fo  as  Lo^5  and  Com- 
'  fuch  Perfons,  who  are  neither  appealed,  nor  indicted,  mons» 

'  nor  prefented  at  the  Suit  of  any,  and  yet  have  their 
'  Goods,  Lands,  or  PofTeffions  taken  away,  may  be  re- 
'  ftored  thereto  again.'  "  In  anfwer  to  this  the  King 
"  granted,  for  him  and  his  Heirs  for  ever,  that  if  any  Per- 
"  fon  commit  any  Act  contrary  to  the  Form  of  Magna 
"  Cbarta,  or.  any  other  good  Law,  he  mall  be  liable 
"  to  anfwer  it  in  Parliament,  or  elfe  where  he  ought  by 
«  Law." 

The  following  are  tie  Petitions  of  the  Commons  t  with  their 
refyeftive  Anfwers. 

Commons.  *  That  the  Chancellor  and  other  Officers 
'  of  State,  there  named  in  the  Records,  may,  upon  their 

*  Entrance  into  the  faid  Offices,  be  fworn  to  obferve  the 
'  Laws  of  the  Land,  and  Magna  Cbarta. 

King.  The  King  ivilletb  the  fame. 

Commons.  *  That  every  Man,  for  Debts  due  to  the 
•*  King's  Anceftors,  may  have  therefore  Charters  of  Par- 
«  don,  of  Courfe  out  of  the  Chancery. 

King.  The  King  grant eib. 

Commons.  *  That  certain  Perfons,  by  Commiflion, 

*  may  hear  the  Accounts  of  thofe  who  have  received 
'  VVoolls,  Monies,  or  other  Aid  for  the  King,  and  that 
'  the  fame  may  be  enrolled  in  the  Chancery. 

Kino;.  It  p/eafetb  the  King,  fo  as  the  Treafurer  and 
Lord  Chief  Bar  an  may  be  joined  in  the  Commijjion. 

Commons* 


264  e^>e  Parliamentary  HISTORY 

JFC.  Edwardlll*     Commons.  *  That  the  Ordinance  made  at  Northampton, 

f      61      l  That  Men  of  evil  Life  and  Converfation  Jhould  be  attach- 

""    J      «  ed,  may  be  repealed ;  becaufe,  on  Pretence  thereof, 

*  many  honeft  Men  have  been  arrefted. 

King,  The  King  doth  revoke  it. 

Commons.  *  That  many  Commiffions,  whereby  fundry 

*  Men  have  been  fined  outragioufly  by  the  Commiffion- 

*  ers,  maybe  revoked,  and  new  ones  granted  to  others. 

King.  The  King  is  pleafed  that  the  fame  Jhall  be  done 
in  the  Preface  of  him,  of  the  Lords,  and  certain  of  the 
Commons. 

Commons.  *  That  the  Chancellor,  and  all  other  OfE- 

*  cers  there  named,  may  be  chofen  in  open  Parliament  j 
'  they,  at  the  fame  Time,  to  be  openly  fworn  to  obferve 

*  the  Laws  aforefaid. 

King.  The  King  yieldeth  only  thus  much,  That  if  any 
fuch  Office,  by  the  Death  or  other  Failure  of  the  Incum- 
bent, become  void,  the  Choice  to  remain  folely  in  the  King, 
he  taking  therein  the  Affeni  of  bis  Council :  But  that  every 
fucb  Officer  Jhall  be  fworn,  at  the  next  Parliament,  accord- 
ing to  the  Petition;  and  that,  every  Parliament  follow- 
ing, the  King  Jhall  refume  into  his  Hands  all  fuch  Offices  ; 
fo  as  the  faid  Officers  Jhall  be  left  liable  to  anfwer  all  Ob- 
jeftions. 

Which,  being        '  Hereupon,  at  theRequeft  of  the  whole  Three  Eftates 
afientedtobythe*  made  unto  the  King,  thefe  Articles  were  declared  Sta- 

tutes'  SS  °n  the  ?ack  °f  the  Ro11  doth  apP6":  Which, 
'  with  the  Conditions,  were  afterwards  re'ad  before  the 

*  King,  his  Officers  being  prefent,  as  the  Chancellor, 

*  Treafurer,  Juftices  of  both  Benches,  Steward  of  the 

*  King's  Chamber,  and  others,  all  which  Officers  were 
'  fworn  on  the  Crofs  of  Canterbury  to  perform  the  fame  : 

*  Only  the  Chancellor,  Treafurer,  and  certain  of  the 

*  Juftices  refufed  the  faid  Oath,  as  being  repugnant  to 
c  their  former  Oath  and  the  Laws  of  the  Realm.  How- 

*  ever,  for  that  Time,  the  Statutes  and  Conditions  afore- 
'  faid,  together  with  the  Commiffions  to  inquire  after 

*  Oppreffions,  were  exemplified  under  the  Great  Seal, 

*  and  delivered  to  the  Lords  and  Commons. 

.          ,          This  extraordinary  Conceffion  from  the  Crown  being 

I  247  J     fhus  ratified  and  paffed  into  a  Statute,  the  King  foon 

after  fought  to  revoke,  by  a  Method  more  extraordinary 

than  the  Grant  -,  and  which  was  a  Stretch  of  the  Royal 

Pre- 


of   E  N  G  L  A  N  D.  265 

Prerogative  greater  than  we  have  yet  met  with,  fince  the  K-  Edward  in. 
Three  Eftates  of  the  Realm  were  eftabliflied :  For, 
fhortly  after,  the  King,  by  Advice  of  his  Council  only, 
and  without  any  Parliament,  did  abrogate  what  he  be-  f^oked  byThn 
fore  was,  as  he  fays,  forced  into,  and  had  fuffered  to  pafs  without  c'onfeot 
into  a  Law.  This  was  done  by  Special  Writs,  diredledof  Patiiaraent% 
to  all  the  Peers,  and  to  all  the  Sheriffs  in  England,  com- 
manding the  latter  to  proclaim  it  throughout  their  feveral 
Divifions.  The  Writ  to  the  Sheriffof  Lincoln/hire  is  ftill 
extant  in  the  Public  Afts  g,  and  in  the  Statutes  at  large  ; 
into  the  laft  of  which  Records  it  got,  we  fuppofe,  by  be- 
ing confirmed  by  Act  of  Parliament  two  Years  after. 
The  whole  Writ  is  tranflated  by  Barnes,  for  the  Rarity 
of  it,  as  he  fays  ;  but  Dr.  Brady  has  given  us  a  Tranfla- 
tion  of  another,  directed  to  the  Archbifhop  of  Canterbury 
the  Original  of  which  is  preferved  in  his  Appendix^% 
which  we  think  is  fomewhat  more  curious  than  the  for- 
mer ;  efpecially,  fince  it  plainly  proves,  contrary  to  Mr. 
Collier's  Conclufions,  that  the  King  was  not  fo  well 
fatisfied  with  the  Prelate's  Integrity  as  that  Writer  would 
have  us  believe.  The  Tranllation  of  the  Writ  is  as 
follows : 

The  King  to  tneVenerable  Father  mChrift,  John  Archbijbop 
^"Canterbury,  Primate  of  all  England,  Greeting, 

<c  "^tT  THereas  fomeTime  fince  in  our  Parliament  atTheKmg'sWtic 
"     V  V     JVeftminJler,  affembled   in   the  ^uindene  of  totheArchbifliop 
"  Eafter  laft  paft,  there  were  certain  Petitions  made,  ex-  '^Jfc***^?' 
44  prefly  contrary  to  the  Laws  and  Cuftoms  of  England, ^ ,^sg  folrs re_ 
44  and  not  only  very  prejudicial,  hut  reproachful  alfo  to  yoking  the  fame^ 
"  our  Royal  Dignity  ;  which,  if  we  had  not  permitted  to 
«'  have  been  drawn  into  a  Statute,  the  faid  Parliament  had 
«4  been  without  Succefs,  and  diftblved  in  Difcord,  and  fo 
**  our  Wars  with  France  and  Scotland,  which  we  princi-     p       g  -, 
"  pally  undertook  by  your  Advice,  had  very  likely  been 
**  (which  God  forbid)  in  Ruin  :  And  we,  to  avoid  fuch 
44  Dangers,  permitting  Proteftations  of  revoking  thofe 
"  Things,  when  we  could  conveniently,  that  had  fo  been 
t:  extorted  from  us  againfl  our  Will,  yet  permitted  them 
"  to  be  fealed  with  our  Seal  at  that  Time  :  And  after- 
"  ward  by  the  Advice  and  Aflent  of  the  Eails,  Barons, 

"  and 

z  Fcffi  Ang.  Tom.  V.  p.  282.     Dated  at  Wtflminf,tr>  Of}.  I. 
*  £rjfy,  p.  221,  222  j   ill  Offend.  88. 


266  The  Parliamentary  Hi  s T OR Y 

JC,  Edward  in, «  and  other  wife  Men,  for  lawful  Caufes,  becaufe  our 
"  Confent  was  wanting  [0r,  as  it  is  in  the  Revocation  di- 
"  retted  to  the  Sheriff"  0/"  Lincoln,  '  becaufe  we  never 
"  confented  to  the  making  of  the  Statute ;  but,  as  then  it 
<*  behoved  us,  we  diflembled  in  the  Premifles,  fcfr.  ]  we 
"  have  declared  it  null,  and  that  it  ought  not  to  have  the 
*'  Name  and  Force  of  a  Statute.  And  we  underftand 
.'*  you  have  commanded  a  Provincial  Council  to  meet  at 
**  London^  on  the  Morrow  of  St.  Luke  next  coming  •,  in 
<c  which  you  intend  to  excite  the  Bifhops  of  your  Pro- 
"  vinceagainftus,  and  to  ordain  and  declare  fome  Things 
"  prejudicial  to  us,  about  confirming  the  faid  pretended 
'*  Statute,  and  for  the  Enervation,  Depreffion,  and  Di- 
"  minution  of  our  Royal  Jurifdidtion,  Rights,  and  Pre- 
*'  rogatives,  for  the  Prefervation  whereof  we  are  bound 
"  by  Oath  j  alfo  concerning  the  Procefs  depending  be- 
"  tween  us  and  you  for  certain  Matters  charged  upon 
"  you  by  us  ;  and  that  you  intend  to  promulge  grievous 
"  Cenfures  concerning  thefe  Things :  We,  willing  to 
ct  prevent  fo  great  Mifchief,  do  ftrictly  forbid,  that  in 
"  that  Council  you  dare  to  propound,  or  any  ways  at- 
*'  tempt,  or  caufe  to  be  attempted,  any  Thing  in  De- 
*c  rogation  or  Diminution  of  our  Royal  Dignity,  Power, 
*e  or  Rights  of  the  Crown,  or  of  the  Laws  and  Cuftoms 
"  of  our  Kingdom,  or  in  Prejudice  of  the  Procefs  afore - 
<c  faid,  or  in  Confirmation  or  the  pretended  Statute,  or 
<c  otherwife,  in  Contumely  of  our  Name  and  Honour, 
*c  or  to  the  Grievance  or  Difadvantage  of  our  Counfel- 
*  lors  or  Servants :  Know  ye,  that  if  ye  do  thefe  Things, 
*'  we  will  profecute  you,  as  our  Enemy  and  Violator  of 
"  our  Rights,  with  as  much  Severity  as  lawfully  we  may. 
Witnsfs  the  King  at  Weftminfter  the  iJJ  Day  of  Oc- 
tober. 

[  249  ]  Pr«  Brady  is  of  Opinion  that  the  Agreement  concern- 
ing the  chief  Officers  of  State,  which  the  King  had,  in- 
advertently, let  pafs  into  the  Form  of  a  Statute,  was  the 
Contrivance  of  the  Archbifhop,  Bifhops,  and  Clergy  ; 
for  it  was  a  great  Trouble  to  them  that  the  Chancellor, 
Treafurer,  and  feveral  other  Officers,  who  were  of  that 
Order,  had  been  put  out  of  their  Places,  at  the  King's 
Arrival  in  England^  and  Laymen  placed  in  their  Stead  '. 

«  But 

'  Rex  Edwardus  Angliam  intra-vit,  Wmijlrcs  fuos,  viz.  Cancellarium, 
'Jbefauranum,  et  alias  amovit,  non  Clcricas,  imo  Seculars  ad  flacitum  fuu» 
juhjiituit.  Walfingham,  p.  150. 


^ENGLAND.  267 

<  But  fince  Dr.  Brady  and  Mr.  Barnes  are  reprefented K.  Ed-ward  ill. 
as  Writers  too  partial  to  the  Prerogative  Royal,  and  asRemarks  ^n, 
thefe  later  Proceedings,  in  a  Parliamentary  Way,  with0n. 
the  King's  great  Stretch  of  Power  over  them,  are  the 
moft  remarkable  of  any  Tranfadions  in  this  Reign,  we 
(hall  fubjoin  Mr.Tyrrel's  Thoughts  on  the  Matter;  who, 
as  he  was  a  Writer  apparently  fet  up  to  contradict  Dr. 
Brady's  Notions  of  Regal  Power,  the  Point  in  View  may 
be  the  better  cleared  between  them. 

After  fpeaking  of  the  King's  Writ  to  the  Sheriff  of 
Z,;';.v;//7,  and  giving  an  Abftradt  of  that  to  the  Archbifliop 
of  Canterbury^  he  goes  on  and  fays, 

4  But  though  it  mufl  be  granted  that  this  was  a  high 

*  Stretch  of  the  King's  Prerogative,  and  fuch  as  our 
'  Times  would  not  bear,  yet  even  then,  when  neither  the 
4  Bifhops,  Barons,  nor  Commons  in  Parliament,  ever 
4  gave  their  Confents  to  this  Revocation,  they  were  not 
'  at  all  fatisfied  with  this  Precedent ;  for  in  the  next 
'  Parliament  of  the  feventeenth  of  this  King,  this  Sta- 

*  tute  above-mentioned  was  by  them  legally  made  void 
4  and  repealed,  without  any  Mention  of  the  King's  late 
4  Writ  or  Proclamation,  as  appears  upon  the  Statute 
'  Roll,  though  not  printed  in  our  Statute  Books. 

*  This  Revocation  very  well  deferves  our  further  Re- 
4  mark  ;  for  fince  no  more  than  the  King's  Writ  to  the 
4  Sheriff  of  Lincclnfnire  was  thought  fit  to  be  printed  by 
4  thofe  who  fii  ft  published  the  Statutes  in  England,  with- 

*  out  the  fubfequent  Statute  laft  mentioned,  it  hath  been 
4  commonly  made  ufe  of  by  the  high  Aflertors  of  the 
4  Royal  Prerogative,  as  a  fufficient  Precedent  to  prove, 
4  that  the  King  alone  has  a  Power  to  make  void  and  re- 

4  peal  any  Lav/  or  Statute  that  he  (hall  judge  derogatory     [  250  ] 

4  to  his  Prerogative,  or  the  Laws-  and  Cuftoms  of  the 

4  Realm  ;  and  he  needs  no  more  but  to  fay,  as  King  Ed- 

4  ward  did  in  this  Cafe,  That  he  diffemblcd  in  the  Pre- 

4  mifes,  and  never  gave  his  free  Confent,  but  only  to 

4  avoid  greater  Dangers,  or  to  obtain  a  Subfidy  when  he 

needed  it  to  carry  on  his  Wars  :  But  the  Lords  and 

Commons  were  not  fatisfied  with  this  Doctrine  ;  and 

tho'  they  would  not  quarrel  with  the  King  as  to  what 

was  palled,  yet  it  is  evident  they  were  not  fatisfied  with 

his  Prerogative  in  vacating  this  Statute,  or  elfe  there 

had  been  no  Need  for  them  to  have  made  another  Re- 

4  peal 


2  68 


The  Parliamentary  HISTORY 


K.  Edward  III.  '  peal  of  it:  And  tho'  the  learned  Mr.  Barnes,  in  his  ela- 
«  borate  Hiftory  of  this  King's  Reign,  hath  been  fo  can- 
'  did  as  to  recite,  verbatim,  not  only  the  King's  Writ  of 
'  Revocation,  but  the  unprinted  Statute  laft  mentioned, 
«  yet  he  looks  upon  it  as  a  meer  Refult  of  the  King's  Pre- 
'  rogative  Royal,  in  thofe  Days  efteemed  of  fufficient 
<  Force,  and  as  fuch  afterwards  confirmed  by  Act  of 
«  Parliament  ;  which  I  can  by  no  Means  gather  from 
'  this  Statute,  but  rather  conclude  the  contrary  from 
'  this  very  Inftance.' 

To  conclude  our  Accounts  of  this  Parliament,  we 
fhall  only  take  Notice  of  another  Particular,  which  is, 
that,  the  Neceffity  of  the  King's  Affairs  requiring  it, 
20,000  Sacks  of  Wooll  were  ordered  to  be  tranfported 
beyond  Sea,  before  Michaelmas  next  coming  ;  and  it 
was  provided  that  no  Man  before  that  Time  ftiould  fend 
over  any  Wooll,  on  Pain  of  thrice  the  Value,  and  Lois 
of  Life  and  Member  k. 


If  our  Quotations  relating  to  the  Affairs  of  the  laft 

Parliament  are  thought  too  long,  we  come  now  to  a 

Gap  of  Time  in  which  we  can  find  little  to  our  Purpofe : 

For,  except  a  Parliament,  or  rather  a  great  Council  of 

the  Peers  only,  which  the  King  held  at  Wejlminfler  about 

the  latter  End  of  April,  in  the  Year  1341,  in  which  was 

nothing  tranfacled  worth  our  Notice,  we  do  not  meet 

with  another  real  Parliament  called  'till  the  Year  after. 

The  King,  in  this  Interval,  had  been  warmly  engaged 

in  a  double  War,  and  had  perfonally  vifited  both  France 

and  Scotland  in  a  hoftile  Manner.     The  Exploits  and 

Succefs  of  which  we  muftleave  to  our  Military  Hiftorians, 

and  come  to  a  Parliament  which  the  Kins  called  to  meet 

at  IVeftminfler,  April  23,   1343.    The  Caufes  for  fum- 

moning,  expreffed  in  the  Writ  itfelf,  being,  '  to  treat 

and  advife  with  his  Great  Men  what  was  beft  to  be 

done  in  his  prefent  Affairs  ;  particularly  concerning  the 

Truce  lately  made  with  his  Enemy  of  France,  and 

about  the  good  Government  and  Safety  of  his  Realm 

and  People. 

The  Parliament  being  met,  the  Lord-Chancellor  fent 
for  Sir  Bartholomew  Burgherjh  to  come  into  the  Houfe  ; 
who,  having  been  with  the  King  at  the  making  of  the 

late 

k  Barnes,  Brady,  and  Tjrrel,  from  the  Rolls. 


251  ] 


1343- 

At  WeJIminfler. 


^ENGLAND.  269 

late  Truce,  was  to  declare  what  he  knew  concerning  it,  K,  Edward  III* 
Whereupon  the  Knight  fpoke  to  this  Purport  :  '  That 
'  after  the  King  had  begun  the  War  with  France^  by 
4  Aflent  of  the  Prelates,  Great  Men,  and  Commons,  to 

*  obtain  his  Rights  and  Inheritance  there,  he  had  divers 

*  Times  patted  the  Sea  with  his  Army,  and,  after  his  laft 
«  going  over,   had  taken  feveral  Towns,  Caftles,  and 

*  Forts  in  Bretagne ;  but  that  whilft  he  lay  at  the  Siege 

*  of  Pannes  9  he  was  defired  by  the  Pope,  for  the  Honour 
c  of  God  and  Holy  Church,  to  accept  of  the  Mediation 

*  of  two  Cardinals,  whom  he  fhould  fend  to  him,  to  me- 
«  diate  a  Truce,  untill  a  Peace  could  be  treated  of:  And 
'  then  concluded,  That  the  King,  perceiving  the  Truce 

*  to  be  honourable,  and  advantageous  to  him  and  his 

*  Allies,  afiented  to  it :  That,  during  the  Continuance 
'  thereof,  a  Treaty  of  Peace  might  be  had,  before  the 

*  Pope,  as  a  Mediator  and  Friend,  but  not  as  a  Judge  ; 

*  which  Peace,  if  good  and  honourable,  the  King  would 
'  accept  of;  if  not,  he  would  purfue  his  Quarrel.  And 
«  Sir  Bartholomew  further  faid,  That  becaufe  the  War 
c  was  begun  by  the  common  Advice  of  the  Prelates, 
'  Great  Men,  and  Commons,  the  King  would  not  treat 
<  of,  or  make,  Peace  without  the  like  Aflent.'  Where- 
fore the  Prelates  and  Great  Men  were  charged  to  af- 
femble  on  Thurfday  the   firft  of  May,  in  the  White- 
Chamber  *,  to  treat,  advife,  and  agree   among  them- 
felves,  Whether  the  King  ought  to  fend  any  Envoys 

to  the  Court  of  Rome,  to  propound  his  Right  before     r          * 
the  Pope,  or  not?  And,  in  the  fame  Manner,  the  Knights  * 

of  Counties  and  Commons  were  charged  to  aflemble 
in  the  Painted-Chamber ,  Chaumbre  depeynte^  to  treat  and 
advife  in  like  Manner,  and  to  report  their  Anfwer  and 
Agreement,  in  full  Parliament,  at  the  fame  Time. 

On  which  Day,  the  Prelates  and  Great  Men  anfwered, 
their  Advice  was,  '  That  the  Truce  was  honourable, 
'  and  advantageous  to  the  King  and  all  his  Friends ;  and 
'  that  every  Chriftian  ought  to  wifh  that  the  War,  which 
'  was  fo  great  and  hurtful  to  all  Chriftians,  might  foon 

*  end  in  a  Peace  :  Wherefore  they  agreed  to  the  Truce  ; 

*  and  that  the  King  fhould  fend  Mcilengers  to  Rome,  to 

*  lay  before  the  Pope,  as  a  Mediator  and  Friend,  but 

*  not 

1  En  It  Ciaumtre  llaundt.     Now  the  Court  of  Reguefts. 


270  The  Parliamentary  HISTO&V 

K.  Edward  III.1  not  as  a  Judge  m,  his  Rights  and  Demands,  in  order  td 
«  a  Treaty  of  Peace,  according  to  the  Form  of  the  Truce. 
'  And  then  the  Knights  of  Counties  came  in,  and  the 
4  Commons,  and  anfwered  by  Sir  William  TrnJJel>  in 
'  the  White-Chamber^  who,  in  the  Prefence  of  the 
'  King,  Prelates,  and  Great  Men  there,  on  Behalf  of  the 
'  Knights  and  Commons,  that  they  were  fully  agreed  the 
'  Truce  fhould  be  kept,  to  the  End  a  good  and  honour- 

*  able  Peace  might  be  made  :  And  further,  the  faid  Com- 

*  mons  prayed  the  King  to  fend  exprefs  Envoys,  or  Mef- 
«  fengers,  to  treat  of  Peace,  as  abovefaid  ;  and,  in  cafe 
c  he  could  have  an  honourable  and  advantageous  Peace 

*  for  himfelf  and  his  Friends,  that  he  would  accept  of  it ; 
'  but  if  not,  the  faid  Commons  declared,  that  they  would 

*  aid  and  aflift  him,  and  maintain  his  Quarrel  with  all 
«  their  Power  V 

It  was  here  alfo  enacted,  That  the  Statute  made  at 
Wejlminjler  the  I5th  of  this  King,  and  which  he  had 
foon  after  revoked,  as  has  been  mentioned,  fhould  ac- 
cordingly be  utterly  repealed,  and  lofe  the  Name  of  a 
Statute,  as  contrary  to  the  Laws  of  a  King's  Preroga- 
t  253  ]  tive.  But,  fince  the  Articles  there  made  were  thought 
reafonable,  it  was  enacted  that  fuch  Articles,  with  fome 
others  agreed  on  in  this  Parliament,  fhould,  by  the  Ad- 
vice of  the  Judges,  be  made  into  a  Statute  °. 

An  Ecclefiaftical  Affair  of  great  Confequence  came 
alfo  before  this  Parliament,  which,  tho'  fome  what  Jong, 
is  of  too  great  Concern  to  be  omitted.  We  fhall  there- 
fore give  Jo/hua  Barnes's  Account  of  it  in  his  own 
Words. 

TV  Commons       *  ^n  l^'s  Parliament  it  »s  recorded,  That  the  Commons 

remonftrate       '  of  England  made  great  Complaint  of  the  Provifions  and 

againft  the  in- <  Refervations  coming  from  the  Court  of  Rome ;  where* 

Sa^Powi/  by  the  P°Pe  took  UP  beforehand  the  future  Vacancies 

**  of  Ecclefiaftical  Dignities  for  Aliens,  and  fuch  as  had 

1  nothing  to  do  within  this  Realm.    They  remonftrated 

'  to 

m  Come  detiant  meen  jitny,  fiat's  nofin  fas  come  Juge,  ne  come  Ccmpromef- 
fair.  Record. 

n  Let  diter  Communes  grantercnt  de  lui  eyder  a  mayntener  fa  qverele  avt 
tote  lour  poair.  Record. 

o  Old  Stvtoe  writes,  that,  in  this  Parliament,^.  1343,  the  Clergy,  that 
were  Pofleffors  of  Lands,  granted  to  the  King  towaids  the  War  all  their 
Jewels  and  Plate,  as  well  Silver  as  Gold,  befides  Horfes,  Carts,  and  Wag- 
gons. Stsivit  Cbrtn,  p,  2391 


^ENGLAND.  271 

c  to  the  King  the  manifold  Inconveniences  enfuing  there-  K,  Edward  ill. 
4  by ;  as  the  Decay  of  Hofpitality  ;  the  tranfporting  of 
4  the  Treafure  of  the  Realm  to  the  Maintenance  of  the 

*  King's  mortal  Enemies  j  the  difcovering  of  the  Secrets 
4  of  the  Kingdom ;  and  the  utter  difcouraging,  difabling, 
'  and  impoverifhing  of  Scholars,  Natives  of  the  Land. 
4  Among  other  Inftances,  they  alfo  fhewed  how  the 
4  Pope  had  fecretly  granted  unto  two  new  Cardinals 

*  fundry  Livings   within  the  Realm  of  England,  and 

*  particulary  to   the  Cardinal  of  Perlgort  above   ten 

*  Thoufand  Marks,  yearly  Collections.     Whereupon 

*  they  humbly  require  the  King  and  his  Lords  to  find  a 

*  Remedy  for   thefe    intolerable    Encroachments  ;  for 

*  that  they  neither  could  nor  would  any  longer  bear  thefe 

*  heavy  Oppreflions  j  or  elfe  they  defired,  that  his  Ma- 
6  jefty  and  ^e  Lords  would  help  them  forcibly  to  expel  the 
4  Papal  Power  out  of  the  Realm  p. 

4  The  King,  in  Confideration  of  the  Premifes,  willeth 
4  that  the  Lords  and  Commons  among  themfelves,  con- 
4  fult  of  the  moft  decent  and  fitting  Way,  promifing  his 

*  Confent  to  any  reafonable  Remedy.     Hereupon  the     [  254  J 
4  King,  Lords,  and  Commons,  prefently  fent  for  an  Act 

4  made  at  CarliJIe  in  the  thirty-fifth  Year  of  Edward  I. 
4  upon  the  like  Complaint;  which  utterly  forbad  to  bring, 
4  or  attempt  to  bring,  any  Thing  into  his  Realm,  which 
4  (hould  tend  to  the  Diminution  of  the  King's  Preroga- 

*  tive,  or  the  Prejudice  of  his  Lords  and  Commons  q. 
4  And  fo  at  this  Time  the  famous  Acl:  of  Provifion  was 
4  made,  prohibiting  the  bringing  in  of  any  Bull,  or  the 
4  like  Trinkets,  from  the  Court  of  Rome,  or  the  ufing, 
4  allowing,  or  enjoying  of  any  fuch  Bull,  Procefs,  or 
4  any  other  Inftrument  obtained  from  thence,  as  there 
4  at  large  doth  appear.    This  Adi;,  however,  as  one  ob- 
4  ferves,  could  not  be  agreed  to  by  the  Bifhops  and  the 
4  reft  of  the  Clergy  ;  but  they  rather  feem'd  refolved  to 
4  proteft  againft  it,  till  the  King  peremptorily  command- 
'  ed  them  to  furceafe  fuch  Prefumption. 

4  However,  the  Lords  Temporal  only,  and  the  Com- 
4  mons  by  themfelves,  wrote  a  Letter  to  his  Kolinefs,  the 
4  Purport  whereof  followeth,  from  the  Orienal  French. 

To 

P  This  hft  Expreflion  is  net  on  the  Record  ;  th»'  it  is  in  the 
ment,  added,   no  Doubt,   by  that  301x1  Proteftant  W,i/i.>n  Pryna, 
q  See  the  Proceedings  upon  this  Affair,  p.  131,   147. 


Vbe  Parliamentary  HISTORY 

K.  Edward  III,  To  the  Moft  Holy  Father  in  God,  the  Lord  Clement,  by 
Divine  Providence,  of  the  Holy  Roman  and  Catholic 
Church  the  Chief  Bifhop  j  his  humble  and  devout 
Children  the  Princes,  Dukes,  Earls,  Barons,  Knights, 
Citizens,  Burgeffes,  and  all  the  Commonalty  of  the 
Realm  of  England,  aflembled  in  Parliament  at  Weft-* 
devoutly  kifs  his  Holy  Feet. 


A  Letter  to  the''  P'ous  Difcretion,  Prudence,  and  Equity,  which 
Pope  thereupon,       feem,  and  ought  indeed,  to  be  in  you,  Moft  Holy  Fa- 
from  the  Lords  ther,  who  are  fo  holy  and  fo  high  a  Prelate,  Head  of  the 
Common!  only,  Hoh  Church*  h  whom   the  Catholic  Church  and  People 
the  Lords  Sp\t[-ofGod  Jhould,  as  by  the  Sun-Beams,  be  enlightened,  do 
tual  refufing     g'tve  us  good  Hope,  that  the  jujl  Petitions  hereunder  by  us 
their  Aflent.      jfc/ar>j3  to  tfo  Honour  of  Jefus  Chrift,  of  bis  Holy  Church, 
and  of  your  Holinefs  alfo,  fiall  be  of  you  gracioujly  confi- 
dered,  and  that  all  Errors  and  Injuftice  /hall  be  quite  re- 
moved ;  injlead  whereof  fruitful  Amendment  and  necef- 
fary  Remedies,  thro*  the  Grace  of  the  Holy  Spirit,  which 
you,  in  fo  eminent  a  Degree,  have  received,  may  be  by 
kf  255  J     you  gracioujly  ordained  and  applied. 

Wherefore,  Mojt  Holy  Father,  after  great  Deliberation^ 
we  all  with  one  djfint  come  unto  your  Holinefs,  Jhewing 
and  declaring,  that  the  Mojl  Noble  Kings  o/LEngland,  Pro- 
genitors to  his  Majejiy  that  now  is,  as  alfo  our  Ancejlors 
and  ourf  elves  too,  according  to  the  Grace  of  the  Holy  Gbojl 
to  them  and  to  us  given,  every  one  of  his  own  Devotion 
have  eftablijhed,  founded,  and  endowed  within  the  Realm 
of  England,  Cathedrals  and  other  Churches,  Colleges,  db- 
beys,  Priories,  and  divers  other  Religiouf  Houfcs  ;  and  to 
the  Prelates  and  Governors  of  the  fame  have  given  and 
granted  Lands,  Pojfcjffions,  Patrimonies,  Pranchifes,  Ad- 
vowfons,  and  Patronages  of  Dignities,  Revenues,  Offices, 
Churches,  with  many  and  divers  other  Advantages  and 
Emoluments  ;  whereby  the  Service  of  God  and  the  Faith 
of  Chrift  might  be  honoured  and  had  in  Reverence  ;  Hof- 
pitals  and  Alms-Houfes,  with  all  other  Edifices,  Churches 
and  Colleges,  might  be  honeftly  kept  and  maintained,  and 
devout  Prayers  in  the  fame  Places  made  for  the  Souls  of 
the  Founders  ;  and  the  Poor  alfo  of  the  jeverai  Parijhes 
conveniently  aided  and  nourijhed  :  Of  all  which  fuch  only 
were  to  have  the  Cure,  who  were  able  to  take  Confejjions, 
and  were  otherwife  meet  in  their  ow_n  Mother  Tongue  of 
England,  effectually  to  teach  and  inform  their  Flock.  *  , 


of   E  N  G  L  A  N  D.  273 

And  forafmuch,  mojl  Holy  Father ;  as  you  cannot  zw//K.  Edward  III* 
attain  the  Knowledge  of  divers  fitch  Errors  and  Abufes,  as 
are  crept  in  among  us  ;  nor  yet  be  able  to  under ftand  the 
Conditions  and  Cujloms  of  Places ,  being  yourfelf  fo  far 
dijlant,  unlefs  your  Holinefs  be  of  others  duly  informed 
and  injlrufted;  we  therefore,  having  full  and  perfect 
Notice  and  Intelligence  of  all  the  Errors  and  Abufes  of  the 
fold  Places  within  the  faid  Realm,  have  thought  Jit  to 
Jignify  the  fame  unto  your  Holinefs,  namely,  That  divers 
Refervations,  Provijions,  and  Collations,  by  your  Apojlo- 
lic  Predecejfors  of  the  Church  of  Rome,  and  by  you  alfo 
in  your  Time,  moft  Holy  Father ,  have  been  granted,  and 
now  more  illegally  than  heretofore,  under  divers  Perfons, 
as  well  Strangers  and  of  other  Nations,  as  unto  fame  who 
are  our  profejjed  Enemies,  and  who  have  little  or  no  Un- 
derjlandlng  at  all  of  our  Language ',  and  of  the  Conditions 
and  Cujloms  of  thofe  of  whom  they  have  the  Government  [  z$6  } 
and  Cure  ;  whereby  a  great  Number  of  Souls  are  in  Peril, 
many  of  the  Pari/hioners  in  Danger,  the  Service  of  God 
neglefled,  the  Alms  and  Devotion  of  all  Men  diminijhed^ 
the  Hofpitats  brought  to  Decay,  the  Churches,  with  their 
Appurtenances,  ruin' d  and  dilapidated,  Charity 'ivaxeth cold \ 
the  good  and  hone  ft  Natives  of  our  own  Country  unad- 
vanced,  the  Charge  and  Cure  of  Souls  unregarded,  the  pious 
Zeal  of  the  People  retrained,  many  poor  Scholars  of  our 
own  unpref erred,  and  the  Treasure  of  the  Realm  exported^ 
again/I  the  Mind  and  Intention  of  the  Founders. 

All  which  Errors,  Abufes,  and  Slanders,  moft  Holy  Fa- 
ther, we  neither  can  nor  ought  any  longer  to  fuffer  or  en- 
dure ;  wherefore  we  moft  humbly  require  your  Holinefsy 
that  the  Slanders,  Abufes,  and  Errors,  which  we  have  de- 
clared unto  you,  may,  of  your  own  great  Prudence,  be 
thoroughly  confidered  ;  and  that  it  may  pleafe  you,  that 
fuch  Rcfervations,  Proviftons,  and  Collations  may  be  ut- 
terly repealed,  that  the  fame,  from  henceforth,  be  no  more 
ufed  among  us  ;  and  that  fttch  Order  and  Remedy  be  forth- 
with taken  therein,  that  the  faid  Benefices,  Edifices,  Of- 
fices, and  Rights,  with  their  Appurtenances,  may,  by  our 
Countrymen,  to  the  Honour  of  God,  be  fupplied,  occupied^ 
and  governed.  And  that  it  may  further  pleafe  your  Holi- 
nefs, by  your  Letters,  to  fegnify  unto  us,  without  Delay 
cr  further  proiracling  of  Time,  what  your  Pleafure  is 
touching  this  lawful  Requeft  and  Demand,  that  we  may 

VOL.  I.  "S  tiK- 


The  Parliamentary  HISTORY 


274 

K.  Edioard  III.  diligently  do  our  Duty  herein  for  the  Remedy \  Correflion, 
and  Amendment  of  the  Enormities  above  fpecified.  In 
Witnefs  whereof^  unto  thefe  Letters  Patent  we  have  fet 
our  Hands  and  Seals. — Given  in  full  Parliament  at  Wejl- 
minjler^  the  i8th  Day  of  May,  An.  Dom.  1343. 

Mr.  Barnes  proceeds  and  tells  us  what  Reception  this 
extraordinary  Letter  met  with  from  the  Pope,  which  was 
delivered  to  him  by  Sir  Jfbn  Shoreditch,  fent  on  purpofe 
to  Avignon.  He  gives  us  alfo  the  Anfvver  the  Holy  Fa- 
ther returned  to  King  Edward  about  it ;  as  alfo  the  King's 
Reply  to  the  Pope  ;  which  laft  that  Author  calls  '  a  moll 

famous  Epiftle,  in  Defence  of  the  Church  of  England? 

againft  Papal  Encroachments;  which  was  of  fuch  Force, 

adds  he,  that  neither  the  Pope  nor  his  Cardinals  could 
[  257  ]         tell  how  to  anfwer,  and  they  were  obliged  to  comply 

with  the  Terms  of  it  for  that  Time  r.' 
In  this  Parliament  the  King  created  his  eldeft  Son 
Prince  of  Wales,  inverting  him  with  a  Coronet,  a  Gold 
Ring,  and  a  Silver  Rod.  He  alfo  gave  him  fevera*!  more 
"Lands  and  Revenues  than  he  enjoyed  before,  the  better 
to  fupport  this  new  Dignity. 

Before  we  take  Leave  of  this  Parliament  it  would  be 
ungenerous  not  to  take  Notice  of  what  a  late  Hiftorian  * 
has  given  us,  by  Way  of  Remark,  on  the  Tranfa<5Uons 

of 

*  The  Pope's  Provisions  were  thus  made  :  When  any  Bilhoprick,  Ab- 
bey, or  good  Benefice  was  likely  to  be  void,  the  Pope  having  Notice  of  it 
fcy  foine  of  his  Agents  here,  would,  by  an  A£l  of  Provifion,  predifpofe  of 
fuch  Places  to  fuch  Foreigners  as  he  pleafed  j  whereby  Patrons  were  de- 
feated of  their  Prefentations,  and  Englijbmen  of  their  Preferments,  unlefs 
they  would  buy  off  the  Provifions.  Kenneths  Hiftory  of  England,  p.  220. 
JJote  (i>). 

Another  Clergyman  of  the  Church  of  England  writes,  '  That  the  En- 
'  croachments  of  the  Court  of  Rome,  with  reference  to  Provilions,  were 
'  now  grown  to  a  fcandalous  Excefs :  For,  at  almoft  every  Vacancy,  the  Pope 

*  pretended  to  fill  the  See  upon  the  Score  of  Refervations.  Thus  the  Right 
'  of  Elections  was  overborne,  and  Biihopricks  often  beftowed  upon  ignorant 

*  and  unqualified  Perfons.     The  former  Popes  managed  this  Licence  with 

•  fome  Temper,  and  were  injurious,  as  one  may  fay,  within  a  Rule  :  But 
<  at  laft  that  Court  grew  altogether  arbitrary  and  abfolute,  and  over- ruled 
'  every  Thing  as  they  thought  fit;  fo  that,  had  they  not  received  a  Check 

•  from  the  State,  they  would  perfectly  have  mattered  the  Er^lijb  Hierarchy, 
«  and  had  all  the  Bifliopricks  at  their  Difpofal.*     Collier"*  EcclffiafticalHi- 
Jiory,  Book  VI.  p.  531. 

A  Tranflation  of  the  King's  Letter  to  the  Pope,  on  this  Occafion,  is  ia 
the  fame  Hiftory,  p.  546. 

«  The  Rev.  Mr.  Carte.  And  to  do  Juftice  to  that  Author,  though  he 
is  dead,  he  has  been  more  exact  and  fmgular  in  his  Extracts  from  Parlia^ 
.  mentary  Records,  fife,  than  any  other  general  Hiftorian,  either  before  or 
fisce  his  Time, 


^/ENGLAND.  275 

Of  it.   After  obferving  the  different  Places  of  Meeting  of  K.  Edward  HI. 

the  Lords  and  Commons  as  above,  he  adds,  '  It  may 
not  be  improper  to  obferve,  that  though  frequent  Men- 
tion is  made  in  former  Parliament  Rolls,  of  the  four 
Orders,  Prelates,  Barons,  Knights  of  Shires,  and 
Citizens  or  Burgefles,  confulting  each  apart  by  them- 
felves,  yet  this  is  the  firft  Time  that  thofe  Rolls  make 
a  clear  Diftin&ion  of  the  two  Houfes,  as  formed  at 
prefent,  and  fpeak  of  the  Knights  of  Shires  as  fitting 
in  the  fame  Chamber  with  the  Reprefentatives  of  Bo- 
roughs. This  might  poffibly  commence  a  few  Years 
fooner,  though  not  taken  Notice  of  in  the  Rolls;  which, 
omitting  the  Circumftances  of  what  paffed  in  the  inter- 
mediate Seffions  of  each  Houfe,  relate  only  the  Tranf- 
a&ions  of  Parliament-Days,  i.e.  fuch  Days  whereon 
the  King  was  prefent :  And  accordingly  both  Houfes 
were,  on  this  Occafion,  ordered  to  report  their  Advice 
on  May  i,  in  the  faid  Parliament,  to  the  King  then  pre- 
fent. This  was  done  by  each  feparately  in  the  White- 
Chamber  ;  the  Lords  Spiritual  and  Temporal  firft  de- 
livering their  Opinion,  as  the  Knights  of  the  Shires  and 
Commons  afterwards  did  theirs,  by  the  Mouth  of  Sir 
William  Truffel.' 
The  fame  Author  adds,  from  the  Rolls  of  Parliament 

and  other  Records,  '  That  the  King  afking  the  Com- 
mons if  they  had  any  Grievances, to  complain  of,  or 
had  fuffered  any  Opprefiions,  whilft  he  was  either 
abroad  or  at  home  ;  they  defired,  by  Way  of  Redrefs, 
that  a  Commifllon  might  be  given  to  Juftices,  to  be 
chofen  by  both  Houfes,  and  fworn  before  the  Lords 
and  Commons,  to  keep  the  Peace,  and  to  do  Juftice 
in  the  Counties  ;  to  require,  hear,  and  determine,  of 
Felonies,  Confpiracies,  Champerties,  Breaches  of 
Peace,  Lands  amortifed  without  Licenfe  ;  the  melting 
of  Gold  Coin  by  Goldfmiths,  the  carrying  it  out  of  the 
Land, and  bringingback  bad  Money  by  Merchants;  the 
Provifiorts  and  Ufurpations  of  the  Court  of  Rome,  and 
other  Articles  ;  which  was  accordingly  iffued.  But  the 
People  in  general  fuffered  fo  much  from  thefe  newCom- 
miffioners,  though  chofen  in  Parliament,  that,  upon 
an  Application  to  the  Throne,  it  was  vacated  in  the 
next  Seflion  ;  fo  dangerous  is  it  to  deviate  from  antient 
Ufages  on  the  moft  plaufible  Occafion,  and  to  adopt 
S  a  'new 


276  ^  Parliamentary  HISTORY 

K.  Edward  HI.  «  new  Inftitutions,  before  they  are  well  confidered  ancf 
'  digefted.  The  Remedies  propofed  for  Amendment 
'  of  the  Coin  were,  the  flopping  of  the  Importation  of 

*  bad  Money,  by  fevere  Penalties,  and  a  ftricl  Search 

*  at  the  Ports  ;  the  making  of  new  Silver  Sterlings,  for- 
«  bidding  them  to  be  carried  abroad,  and  no  other  to  be 

*  current  ;  and  the  coining  of  Gold  Florins  of  the  fame 
'  Weight,  Alloy,  and  Value  with  thofe  of  Flanders,  that 

*  they  might  pafs  alike  in  both  Countries  V 

The  next  Year  the  Truce  having  been  broke  by  King 

Philip^  by  the  barbarous  Execution  of  fome  Noblemen, 

Edward's  Allies,  he  again  refolved  to  renew  the  War 

with  the  utmoft  Vigour  againft  France.    To  enable  him 

AnnoRegni  18.  the  better  to  carry  it  on,"  the  King  calls  a  Parliament 


I344-  to  meet  at  Wtjlminjler^  June  7,  1344;  the  next  Day 
after  their  Meeting,  the  Names  of  the  Lords  were  read 
over  and  examined  before  the  King  in  Parliament,  to 
fee  who  appeared  and  who  failed  ;  and  the  Names  of 
fuch  as  did  not  come  were  given  to  the  King  in  Wri- 
ting, to  punifh  as  he  pleafed. 

On  Thurfday  after,  the  Lord-Chancellor,  in  full  Par- 
liament, the  King  and  the  young  Prince  of  IVales  being 
prefent,  declared  the  Caufe  of  this  Summons  to  be, 

*  Concerning  the  late  Truce  with  France^  and  the  Breach 

*  of  it  by  the  French  King,  of  which  he  gave  feven  par- 

*  ticular  Inftances.    He  defired  the  Three  Eftates  of  the 

*  Realm  to  confider  of  thofe  Things,  and  that  they  would 

*  give  the  King  fuch  Advice  and  Afliftance  as  was  ne- 

*  ceffary  for  the  faving  of  his  and  their  own  Rights  and 

*  Honours.' 

f  25&  ]  The  wn°le  AfTembly  prayed  that  they  might  have 
Time  to  deliberate  of  thefe  Matters  till  the  Monday  next; 
and,  upon  another  Petition,  they  were  again  refpited  to 
the  Wednesday  following.  On  that  Day  a  felea  Com- 
mittee of  the  whole  Body,  confiding  of  the  Archbifhop 

and 

t  Knyghton  remarks,  that  Gold  Coin  was  firft  ftruck  and  rrade  cur- 
rent at  this  Time:  His  Words  are,  Eodem  Temfcre  Nobile,  Obolus,  et 
Ferthing,  de  Aura  cceperunt  forere  in  Regno  ;  uncle  in  eidem  Parliament!) 
•rdinatum  eft  quod  nullui  de  Communibus  artaretur  capere  de  nova  Mo- 
neta  Auri  quod  Rex  crdina-vcrat  de  nova  travfire  per  Medium,  et  in  qua- 
cutique  Solutione,  cilra  Soluticnem  et  Sutnmam  20  s.  Et  quod  Moneta  Auri 
et  Argenti  fiat  conjimili  JWodo  et  Forma  et  Pondcre  apud  L'ooracum,  et  alias 
Clvitates  ubi  fo/et  fore,  ficut  ad  Turrim  .Londinenfem  ;  et  quod  Efcambium 
Jlfenette  ejfel  in  magnii  Civitatibut  et  /7//«,  Knyghton,  col,  2584. 


of    ENGLAND.  277 

and  ten  other  Bifhops,  five  Abbots,  two  Priors,  eight  K«  EJiuard HI. 

Jtarls,  and  fix  Barons,  being  ail  named  in  the  Record, 

with  the  Commons  of  the  Realm,  waited  on  the  King 

in  the  White-Chamber  at  Wejlminjler^  and  declared  in 

his  Prefence,  '  That  having  Regard  to  the  great  Mif- 

'  chiefs  and  Dangers  that  might  affect  his  Majefty  and 

*  all  his  Subje&s  and  Allies,  ff  the  Malice  of  his  Adver- 
'  fary  was  not  flopped  ;  and  confidering  the  heavy  Char- 
'  ges  which  the  Lords  and  Commons  of  England  had 
'  been  at ,  and  differed,  by  reafon  of  the  War  continu- 
'  ing  fo  long,  by  falfe  Truces  of  Sufferances  ;  and  fee- 
'  ing  that  an  End  of  the  War,  or  an  honourable  Peace, 
'  was  not  to  be  obtained  without  great  Power  and  Force, 

*  they  therefore  pray  the  King,  with  one  Accord,  and 

*  every  particular  Peer  by  himielf,  that  he  would  make 
'  a  fpeedy  End  of  this  War,  either  by  Battle  or  a  pro- 
'  per  Peace,  if  fuch  might  be  had  :    And  that,  when  the 

*  King  fhould  be  ready  to  crofs  the  Seas,  to  take  what 

*  God  fhould  allot  him,  upon  the  I  flue  of  this  Affair, 
'  he  fliould  not,  for  the  Letters   or  Command  of  the 
'  Pope,  or  any  other,  lay  afide  his  Voyage,  untill  he  had 

*  made  an  End, one  Wayoranother,ofthis  tedious  War.' 
To  all  which  Prayer  the  King  readily  aflented. 

But  the  Parliament  rightly  judging  that  this  Affair 
could  not  be  brought  about  without  a  large  and  fufficient 
Aid,  the  whole  Body  of  the  Clergy,  for  the  Province  of 
Canterbury^  by  their  Prelates  and  Pro&ors,  taxed  them-  A<gu  j  vanu 
felves  in  a  triennial  Tenth.  The  Commons  granted  theedfo7tPheFr^ri 
King,  for  the  lame  Caufe,  two  Fifteenths  of  the  Com- War. 
monalty  of  the  Land,  and  two  Tenths  of  the  Cities  and 
Boroughs.  Soon  after  the  Commons  gave  another  Fif- 
teenth Penny  of  their  Good?,  and  one  Tenth  more  on 
Cities  and  Boroughs  ;  obferving,  at  the  fame  Time,  to 
their  Sovereign  Lord,  That  this  laft  Grant  was  harder 
to  bear,  by  his  poor  exhaufted  Commons,  than  four 
Fifteenths  would  have  been  heretofore  :  But  on  thefe 
Conditions,  That  the  Money  arifing  fhould  be  rightly 
applied  to  the  Ufes  of  the  War  ;  and  that  the  Prince, 
or  one  other  of  the  King's  Sons,  fhould  be  joined  to  Sir 
Edward  de  Baliol  to  guard  the  Marches  of  Scotland^  &c. 
To  all  which  the  King  aflented.  Many  of  the  Lay  Lords 
agreed  to  pals  over  the  Seas,  and  adventure  themfelves 
with  the  King,  and  are  therefore  not  found  upon  the  Roll 
83  as 


278  *Tbe  Parliamentary  HISTORY 

K.  Ed-ward  ill.  as  taxed  ".    Several  A6ts  were  done  in  this  Seflion ;  bur, 
as  they  are  chiefly  on  fome  Ecclefiaftical  or  private  Af- 
[  259  ]      fairs,  we  refer  to  the  Statutes  at  large  for  the  Particu- 
lars w. 

[  260  ]          The  King  having  provided  for  the  Settlement  of  Ju- 

ftice  during  his  Abience,  and  left  the  Regency  to  his  fe- 

And  appoints  his  cond  Son,  Prince  Lionel^  appointing  the  Archbifhop  of 

/°R  "°n     '"'  Canterbury^  and  others  of  his  Council,  to  affift  him,  he 

took  Leave  of  his  Queen,  and,  accompanied  with  his 

Son  the  Prince  of  Wales,  together  with  moft  of  the  chief 

Karis  and  Barons  of  England^  befides  many  Knights  and 

Gentlemen  of  the  beft  Quality,  who  were  bound  by  their 

Tenures  to  attend  him,  went  to  Southampton  ;   where, 

muftering  up  all  his  Officers,  he  made  a  fhort  Speech  to 

them,  which  was  afterwards  communicated  to  the  whole 

Army,  to  this  Purport :   '  He  fet  forth  his  Title  to  the 

'  Crown  of  France,  and  the  Juftice  of  his  Arms,  defiring 

*  them,  upon  their  Landing,  to  behave  themfelves  like 

'  Men  j  and  that,  fince  he  relolved  to  fend  back  his  Fleet 

f  261  ]      c  as  foon.  as  he  arrived  in  France,  if  any  Man's  Heart 

'  fail'd  him  he  might  fray  in  England.'    To  which  they 

anfvvered  with  one  Confent,  *  They  were  all  ready  to 

•  *  follow  him,  even  to  Death  itfclf.' 

This  Digreifion  we  hope  may  be  pardonable,  fince  it 
is  all  we  (hall  fay  of  this  great  King  and  his  warlike  Ex- 
pedition, which  takes  up  many  Folio  Pages  in  the  larger 
Hiftories  of  thefe  Times.     But  in   his  Abfence,  how- 
AnnoRegni2i.ever>  the  young  Regent  and  his  Council  furnifti  us  with 
1347.         new  Matter  both  for  Connection  and  Purfuit  of  our  own. 
rt  A  Parliament  was  called  to  meet  at  IVeJlmmJler  on  the 
Monday  next  after  Lady- Day,  in  the  Year  1347,  Anna 
.Regni 21. 

This  Parliament  was  opened  with  the  ufual  Forma- 
lities at  that  Time  ;  as,  a  Proclamation  againft,  wearing 
of  Armour  and  ufmg  of  Games  in  and  about  IVejlminjhr 
during  the  Seilion  ;  a  Time  was  appointed  for  all  fuch 
as  had  any  Petitions  to  exhibit;  the  Receivers  alfo  and 
Tryers  were  conftituted  toconfidertheContentsof  them, 

refer- 

«  Brady  and  Tyrrel.  Rot.  Par.  18  Ed-^  HI.  N°.  5  to  10.  See  the 
Statutes  at  large,  Anno  'Regni  18  Ediv,  III.  134-4.. 

In  Confideration  of  the  Aid  granted  by  the  Clergy  at  this  Time,  the 
Liberties  of  the  Church  were  further  explained  and  confirmed  by  an  A«l 
of  Parliament.     See  Collier'' s  Ecdejiajiica!  Ilijiarj,  p.  ^48. 
wp.3c4. 


^/ENGLAND.  279 

referring  to  England,  Ireland,  Wales,  Scotland,  Gafcoigny,  K»  Ed-ward  III, 
and  other  foreign  Countries  and  Iflands.  Sir  Thomas 
Drayton  was  appointed  Clerk  to  this  Parliament ;  but, 
becaufe  feveral  of  the  Lords  and  Commons  were  not 
yet  come  up,  they  adjourned  to  the  Day  following.  At 
which  Time,  the  Houfe  being  further  informed  that  Sir 
Bartholomew  Burgherjh  and  Sujohn  Darcy,  Lords  Cham- 
berlains, Mr.  John  Thore/by,  and  Mr.  John  Charleton, 
•were  arrived  as  Meflengers  from  the  King  then  lying  be- 
fore Calais,  and  fince  they  could  not  be  ready  to  make 
their  Appearance  before  the  Wednefday  next,  the  Houle 
adjourned  again  to  that  Day  x. 

The  Day  being  come,  a  Declaration  was   made  in 
open  Parliament,  that  the  Reafons  of  their  prefent  Meet- 
ing were,  '  Becaufe   the  King,    fince  his  pafling  the     [  262  ] 
Sea,  and  his  Attempts  in  France,  was  now  uncertain 
of  his  Condition  ;  and  that,  according  to  the  Iflue  or 
Exigence  in  Affairs  abroad,  Matters  might  be  con- 
certed at  home  for  the  Safety  of  his  Majefty  and  the 
common  Peace  and  Wealth  of  his  Kingdom ;  which 
laft  wasvifibly  damnified  by  the  Sufferance  of  falfe  Mo- 
ney to  go  current  in  it.' 

Then  was  produced  the  King's  Letters  Patent,  asMeflengers  fent 
Credentials,  in  which  the  aforefaid  Declaration  was,  to  the  Parlia- 
verbatim,  exprefled,  dated  at  the  Siege  of  Calais ;  which  mei?r'  to  ac* 
being  read  in  open  Parliament,  Sir  Bartholomew  Burg- ^y^n^^^. 
her/J),  for  and  in  the  Name  of  himfelf  and  the  reft  of  cefs  in  France. 
his  Colleagues,  in  the  Prefence  of  the  Regent  and  the 
Three  Eftates  of  the  Kingdom,  declared  the  good  Suc- 
ceis  of  the  King  fince  his  Ariival  at  La  Hogue,  in  Nor- 
mandy ,  as   in  furprizing  and  taking  many  Towns  and 
Caftles  of  War,  as  well  at  Caen  as  elfewere ;  and  alfo 
of  the  great  Victory  obtain'd  at  Crejjy,  where  the  whole 
Power  of  France  was  difcomfited  ;  and   how  the  King 
was  now  come  before  Calais,  from  whence  he  intended 
not  to  depart,  till,  by  the  Help  of  God,  he  had  won 
the  fame  ;  after  which  he  intended  to  purfue  the  Enemy, 
without  Return,  till  the  War  (hould   be  fully  ended. 
This  done,  he  produced  the  Copy  of  an  Order,  made 
by  the  King  of  France,  in  reference  to  his  Son  the 

Duke 

x  The  King's  Letters  Patent  for  appointing  thefe  Commifiioncrs  is  da- 
ted "Juxta  Calefiurn  ofla-vo  Die  Scptembiis.  BurgbcrJJj  and  Darcy  were  hjs 
two  Chamberlains  ;  Thorcfiy  was  Keeper  of  the  Privy  Seal,  and  afteiward.S 
Archbiihop  of  Turk.  Itcd.  dng,  Tom,  V,  p.  52$, 


280  The  Parliamentary  HISTORY 

K,  Edward  III,  Duke  of  Normandy,  and  others,  Nobles  of  that  Country  $ 
which  was  particularly  recited,  beinw  called  the  Ordi- 
nance of  Normandy,  and  was  to  this  Effect  :  *  That  the 
Duke  of  Normandy  mould  pafs  as  Chief,  with  other 
Nobles  of  that  Province,  into  England,  with  4000 
Men  of  Arms,  Knights,  Efquires,  and  Perfons  of  good 
Eftate,  and  40,000  Footmen,  Methods  being  there 
prefcribed  for  keeping  the  Sea ;  and  an  Order  alfo  ad- 
ded, that  the  faid  Duke  fhould  remain  in  England  with 
the  faid  Forces,  for  the  Space  of  ten  Weeks.  And  in 
Cafe  the  Realm  of  England  mould,  in  this  Expedition, 
be  conquer'd,  that  then  the  Conqueft  mould  folely  be 
to  the  Name,  Honour,  and  Advantage  of  the  faid 
Duke,  and  all  whatfoever  the  King  of  England  at  that 
Time  had  there,  mould  remain  entirely  to  the  faid 
Duke,  and  the  Knights  and  Lords  with  him.  That 
all  that  which  belonged  to  the  Nobles,  and  Secular 
Perfons  of  England,  fhould  be  beftow'd  on  the  Churches 
and  famous  Towns  in  Normandy :  only,  out  of  the  Re- 
venues of  the  Church  of  England,  the  French  King 
flialj  receive  yearly  20,000 /.  Sterling,  faving  the  Rights 
of  his  Holinefs.  And  that,  laftly,  Surrender  be  made 
unto  the  Scots  of  whatfoever  hath  at  any  Time  been 
taken  from  them,  and  annexed  unto  the  Crown  of 
England.' 

This  Inftrument  was  made  and  dated,  as  appears  by- 
the  Copy  of.it  upon  the  Rolls,  from  the  Caftle  of  Bets 
de  Fincennes,  March  28,  1338  ;  which  (hews  that  an 
Invafion  of  England  had  been  long  premeditated  by  the 
French,  and  that  Edward's  turning  theTables  upon  them 
was  rightly  timed,  and  his  Quarrel  juft.  It  is  faid  to 
have  been  found  amongft  the  Archives  at  Caen,  in  Nor- 
mandy, and  muft  give  great  Indignation  to  an  Englifo 
Parliament,  to  find,  by  it,  that  the  French  were  thus  di- 
viding the  Lion's  Skin  amongft  them  before  he  was 
ilain.  But  they  foon  found  the  contrary  to  their  Coft; 
and,  inftead  of  invading  other  Countries,  that  they  were 
not  able  to  preferve  their  own. But  to  our  Parlia- 
ment. 

The  faid  Mefiengers,  by  the  Mouth  of  Sir  Bartholo- 
mew Burgher/h,  requir'd  to  know  what  Aid  they  thought 
fit  to  grant  to  the  King,  toward  the  Furtherance  of  his 
Enterprises  and  the  Defence  of  the  Realm :  In  Anfwer 

to 


of    ENGLAND.  281 

to  which  the  Commons,  having  defired  Refpite  for  their K. Edwardiu* 

Anfwer  till  the  Tburfday  next  enfuing,  declared  on  the 

faid  Thurfday,  by  a  Schedule  at  large,  the  fundry  parti-  A  Subfidy  grant* 

cular  former  Aids  they  had  given,  the  Impofition  of  40 s.  ed  for  tb«  War, 

Cuftom  of  Wooll,  extorted  of  them  againft  Law,  befides 

the  great  Charge  they  had  been  at  in  the  arraying  of 

Men,  and  common  taking  of  Purveyors:  Notwithftand- 

ing  which  they  freely  granted  the  King  two  Fifteenths 

in  two  Years,  fo  as  that,  if  within  two  Years  the  Wars 

fliould  ceafe,  then  the  latter  Fifteenth  to  ceafe  alfo. 

After  this  follow  the  Petitions  of  the  Commons  with  And  Petitions 
their  Anfwers,  made  by  Prince  Lionel,  by  Commiffion^cnete^e^*8 
from  the  King,  in  the  King's  Name,  in  Manner  fol- 
lowing, viz. 

Petition.  t  That  all  A6r.s  of  Parliament,  not  repeal- 
c  ed,  may  be  fully  and  entirely  obferved,  fo  as  there  pafs 
'  forth  no  Commiflions  of  Array. 

Anfwer.  The  firjl  Point  the  King  grants ;  of  the  reft 
be  will  be  advifed. 

Petition.  '  That  fuch  as  were  fined  for  not  arraying 
c  of  Men  may  be  difcharged. 

Anfwer.  The  King  will  take  Advice. 

Petition.  '  That  all  within  fix  Miles  of  the  Sea  may 

*  have  a  Superfedeas  for  arraying  of  Men. 

Anfwer.  Only  fucb  as  keep  the  Sea-Coafts  Jhall  have  a 
Superfedeas.  //  is  enabled  that  the  Coinage  in  all  Places 
JJjall  be  open  as  heretofore :  Item,  that  thofe  who  import 
falfe  Money  into  the  Realm  Jhall  forfeit  Life  and  Limb, 
and  that  the  Jujliccs  of  JJ/ize,  and  of  the  Peace,  fiall  ,[  264  ^ 
inquire  thereafter. 

Petition.  *  That  the  King's  Receivers  may  receive  as 
e  well  Gold  as  Silver  ;  and  that  the  Changers  thereof 

*  be  not  without  Parliament. 

Anfwer.  The  fir  ft  is  granted ;  the  other  refpi  ted. 

Petition.  '  That  the  40*.  Subfidy  of  every  Sack  cf 
'  Wooll  may  ceafe. 

Anfwer.  The  King's  Mind  mujl  be  known  firft. 

Petition.  c  That  Payment  may  be  made  for  the  laft 
'  taking  up  of  Victuals. 

Anfwer.  Order  foall  be  taken  for  that. 

Petition.  c  That  the  Chief  of  every  County  may  be 

*  Juftices  of  Peaces  a»d  that  they  may  determine  all 
'  Felonies. 

Anfwer, 


282  ¥be  Parliamentary  HISTORY 

K,  Edward  III.      Anfwer.  The   firjl   is  granted :  For  the  fecond  the 
King  will  appoint  Jujiices  learned  in  the  Laws. 

Petition.  '  That  the  keeping  of  the  Sea  be  at  the 

*  King's  Charge  thenceforward. 

Anfwer.  The  Sea  Jhall  be  kept,  as  it  hath  been  here- 
tofore. 

Petition.  '  That  Sheriffs  in  every  County  may  have 

*  fufficient  in  their  Counties  ;  and  that   none  of  thofe 

*  Offices  be  granted  for  Life,  or  in  Fee  :  Item,  that  Pur- 
'  veyors,  who  have  not  the  Conftables  with  them,  ac- 

*  cording  to  the  Statute  of  Weftminjler,  may  be  looked 
'  on  as  Thieves ;  and  that  Juftices  of  Aflize,  and  of  the 
'  Peace,  may  inquire  of  the  fame. 

Anfwer.  The  Statute  made  fliall  be  observed. 
Petition.  *  That   the  Fifteenths  in  Towns  and   an- 

*  tient  Demefnes  be  levied,  as  in  the  Bodies  of  Counties, 
«  without  Increafe. 

,  Anfwer.  They  Jhall  be  levied  after   the   accttftotned 

Manner. 

Petition.  *  That  all  Juftices  of  the  Inqueft  may  be 
'  fworn  as  Juftices  of  the  Bench  ;  and  that  the  Chief 
'  of  them  may  have  Power  to  fwear  the  reft. 

Anfwer.  Such  "Juftices  Jhall  be  fivorn  as  ought  to  be  j 
fo  as  they  take  nothing  but  Meat  and  Drink,  and  that  of 
fmall  Value  ;  and  the  Chief  JJiall  be  impowered  to  fwear 
the  reft. 

Petition.  «  That  the  Fifteenths  beyond  the  Trent  be 
<  employed  only  for  Defence  of  the  North. 

£  265  ]  Anfwer.  The  King  will  provide  for  Defence  of  thofe 

Parts. 

Petition.  *  That  Strangers,  Enemies  of  the  Realm, 
'  who  remain  now  in  Newgate,  may  be  adjudged  du- 

*  ring  the  Parliament. 

Anfwer.  They  Jhall  remain  there  till  further  Order. 

Petition.  '  That  no  Charter  of  Pardon  be  granted 
'  fince  the  King's  laft  Expedition. 

Anfwer.  Advice  Jhall  be  taken.  It  is  enafted,  That 
Lombards,  and  other  Merchants,  Jhall  receive  Gold  for 
their  Ware,  without  any  Compact,  on  Pain  of  Fine  and 
linprifonment . 

Petition.  *  That  all  alien  Monks  do  avoid  the  Realm 
'  by  Michaelmas,  and  that  their  Livings  be  difpofed  of 
'  to  young  Englijh  Scholars ;  and  that  fuch  Aliens,  Ene- 
mies, 


of   E  N  G  L  A  N  D.  283 

mies,  as  are  advanced  to  Livings  (they  being,  in  their  K-  Edward  III* 
own  Countries,  but  Shoemakers,  Taylors,  or  Cham- 
berlains of  Cardinals)  may  depart  the  Realm  before 
Michaelmas,  and  their  Livings  be  beftowed  on  poor 
Englijh  Scholars. 

Anfwer.  To  thefe  two  Petitions  this  one  Anfwer  was 
given,  That  the  Perfons,  being  Spiritual,  were  not  to  be 
tried  by  Parliament;  and  that  their  Livings  ,  being  in  the 
King's  Hands,  were  not  without  him  to  be  difpofed  of. 

Petition.  '  That  the  King  may  take  the  Profits  of 
1  all  other  Strangers'  Livings,  as  Cardinals  and  others, 
'  during  their  Lives. 

Anfwer.  The  King  doth  take  their  Profits,  and  the 
Council  have  fent  their  Petition  to  his  Majejly. 

Petition.  4  That  no  Payment  be  made  to  any  Car- 

*  dinals,  living  in  France,  to  treat  either  of  War  or  Peace. 

Anfwer.  This  is  granted,  as  reafonable. 

Petition.  «  That  foreign  Provifors,  or  Aliens  buying 

*  Provifions,  do  quit  the  Realm  by  Michaelmas*  on  Peril 
'  of  being  outlawed. 

Anfwer.  The  Statute  heretofore  made  Jhall  be  cbfer- 
"ued,  and  the  King  fl)all  Jignify  the  fame  to  the  Pope. 

Petition.  c  That  the  annual  Advancement  of  2OOO 
'  Marks,  granted  out  of  the  Province  of  Canter  bury,  may 

*  be  reftrained,  and  that  thofe,  who  fue  for  Recovery 

*  thereof,  may  be  outlawed. 

Anfwer.    The  Lords  think  the  fame  reafonable  ;  and     ,.     ,, 
it  is  further  commanded,  That  no  fu  ch  be  from  henceforth     '*• 


'  It  is  enacted,  That  whofoever  fhall  bring  into  the 

*  Realm  any  Aliens,  the  Veflel  wherein  they  are  brought 
'  fhall  be  forfeited  to  the  King,  and  the  Body  of  the 

*  Bringer  fhall  lie  at  the  King's  Difcretion. 

*  It  is  enacted,  That,  during  the  Wars,  no  Perfon 
c  do  fend  or  tranfport  any  Money  to  the  Pope,  or  to  any 
'  Bifhop,  or  other  Alien  whatfoever,  for  any  Duty 
'  whatfoever. 

Petition.  *  That  no  Englijhman  do  farm  any  Thing  of 
'  any  Alien  Religious,  nor  buy  any  of  their  Goods,  nor  be 

*  of  their  Counfel,  on  Pain  of  perpetual  Imprifonment. 

Anfwer.  This  is  againji  the  King's  Profit,  who  reaps 
Benefit  by  fuch  Farmers. 

Petition. 


284  ttg  Parliamentary  HISTORY 

K.  Edioardlll.  Petition.  *  That  all  Friars,  Aliens,  fhould  depart  the 
'  Realm,  never  to  return  hither  again. 

Anfwer.  Order  Jhall  be  taken  with  every  General  of 
all  the  Houfes  of  Friars,  fo  to  look  to  all  Friars,  Aliens, 
under  their  feveral  Charges,  as  that  they  fhall  not  be  able 
to  difclofe  the  Secrets  of  the  Realm. 

Petition.  '  That  the  annual  Penfion  of  feven  Shillings, 
which  Sir  Raimond  Peligrue  received  of  every  Religious 
Ho.ufe  within  the  Realm,  may  henceforward  ceafe. 

Anfwer.  The  faid  Sir  Raimond  is  the  King's  Liege- 
man, born  in  Gafcoigny,  and  fivorn  of  the  King's  Coun- 
cil, by  whofe  Command  he  receive th  the  fame. 

Petition.  '  That  the  annual  Penfion  of  2000 /.  paid  to 
the  Abbot  of  Clugny  may  ceafe  for  ever. 

Anfwer.  The  jame  is  paid  there. 

Petition.  '  That  the  Statute  made,  That  the  King 

*  fhould  prefent  unto  any  Church  of  his  Gift,  falling 

*  void,  at  any  Time  within  three  Years,  fo  as,  if  the 
'  Parfon  had  continued  therein  for  three  Years,  that  he 

*  fhould  not  be  turned  out,  may  ftand. 

Anfwer.  The  King  will  be  advifed. 

'  It  is  enadled,  That  no  Perfon  bring  into  the  Realm, 
'  to  any  Bifhop  or  other,  any  Bull,  or  other  Letters, 
<•  from  the  Court  of  Rome,  or  from  any  Alien,  unlefs  he 

*  firft  fhew  the  fame  to  the  Lord  Chancellor,  or  to  the 
'  Warden  of  the  Cinque  Ports,  on  Lofs  of  all  that  he 

.      «  hath. 

\  367  ]  '  It  is  enacledv  That  all  Religious  Perfons,  for  Lands 
<  purchafed  fince  20  Edward  III.  and  paying  no  De- 
'  mefne  therefore  amongft  the  Clergy,  fhall  pay  Fit- 
«  teenths.' 

After  this  Mr.  John  Charleton,  one  of  the  Meflengers 
aforefaid,  produced  Letters  from  the  Bifhop  of  Durham, 
from  theEarls  of  Northampton,  drundele,  Warwick,  Ox- 
ford, and  Suffolk,  and  from  Sir  Hugh  le  Defpenfer,  Lord 
of  Glamorgan,  directed  to  the  whole  Parliament,  pur- 
porting, That  whereas  the  King  at  his  Arrival  at  La 
Hague  St.  Vafl,  in  Normandy,  had  knighted  his  eldeft 
Son,  the  Prince  of  Wales,  whereby  he  ought  to  have 
an  Aid  of  the  Realm,  viz.  Forty  Shillings  of  every 
Knight's  Fee,  they  would  now  confider  thereof.  Here- 
upon 


of   E  N  G  L  A  N  D.  285 

upon  the  Parliament  agreed  thereto  immediately,  and  K.Edtuard  III. 
took  Order   for  the  fpeedy  levying  the  fame  r. 

It  was  Wo  order'd  in  full  Parliament,  at  the  Requeft 
of  the  Commons,  That  the  Benefices  of  all  Aliens  be 
feized  into  the  King's  Hands,  and  he  to  take  the  Profit 
of  the  fame;  and  that,  in  order  thereto,  all  Bifhops 
fhoujd,  before  the  next  Convocation,  certify  into  the 
Chancery  the  Names  of  all  Aliens,  their  Benefices,  and 
the  Value  thereof:  Alfo  that  no  Alien  do  fend  Letters 
out  of  the  Realm,  that  (hall  not  be  firft  perufed  by  the 
Lord-Chancellor,  or  the  Warden  of  the  Cinque  Ports, 
on  Pain  of  lofing  all  he  hath. 

This  was  the  Subftance  of  this  Parliament's  Proceed- 
ings j  which  we  are  perfuaded  will  not  be  thought  tedi- 
ous, fince  the  Form  of  it  will  evidently  Ihew  whatSenfe 
the  People  of  England  had  at  that  Time  of  the  King's 
great  Conquefts  and  Victories  in  France.  This  Parlia- 
ment, having  fat  only  ten  or  eleven  Days,  was  diflblved  ; 
which  is  another  Inftance  to  (hew  that,  when  Men  are 
fo  minded,  a  great  deal  of  Bufinefs  may  be  done  in  a 
fhort  Time. 

The  learned  Mr  Barnes  opens  the  feventh  Chapter 
of  his  fecond  Book  in  fo  pompous  a  Manner,   that  we 
cannot  forbear  tranfcribing  of  it.     The  King,  having     r  2gg  -\ 
taken  the  important  Town  of  Calais,  had  consented  to 
a  Truce  with  France ,  and  returned  to  England ;  when,  The  King 
fays  this  Author,  *  Now  doth  King  Edward  III.  ftand  returns. 

*  in  the  full  Zenith  both  of  his  Age  and  Glories ;  he 
c  had  but juft  paft  the  thirty-fifth  Year  of  his  Life,  and 
'  yet  was  crowned  at  home,  in  his  Family,  with  a  lovely 

*  Row  of  hopeful  Children,  a   virtuous   and  beautiful 

*  Confort,  and  in  his  Kingdoms  with  Peace  and  full  Pro- 

*  fperity.    Abroad,  he  was  renowned  above  all  the  Kings 
'  of  the  Earth,  for  his  notable  Victories  by  Sea  and  Land, 
'  in  Scotland,  France,  and  Bretagne;  for  fet  Battles,  for 
'  taking  of  Towns,  for  Kings  flain,  Kings  routed,  and 
'  Kings  taken  Captive;  nor  was  his  Moderation  lefs  ad- 
'  mir'd,  which  he  fhew'd  in  refilling  the  Title  and  Dignity 

*  of  an  Emperor.     This,  in  my  Opinion,  adds  our  Au- 
4  thor,  is  the  blighted  Part  of  all  his  Reign,  tho'  yet  an- 

•  other 

r  The  Letter  which  Barnes  mentions  to  com?  from  the  Lords  about  the 
Kin;/  .it  Ca. '.::'<,  to  ciefire  the  Parliament  to  grant  hiiuthe  Aid  for  the  K: 
heed  «f  his  eldtft  Son,  is  i»  Rymtr,  p.  527. 


286  Yhe  Parliamentary  HISTORY 

K.  Edward  ill. «  other  King  remains  to  be  Captive  by  his  Arms,  ami 
'  another  King  is  deftined  to  recover  an  ufurped  Crown 
'  by  the  Aid  of  his  Sword  and  Fortune.' 

In  the  next  Paragraph,  Mr.  Barnes  goes  on  and 
moralifes  much  on  the  unhappy  Confequences  that  fol- 
low Conquefts  ;  by  which  fuch  a  Superfluity  of  Riches 
and  Vanities  were  brought  into  England,  that  from  this 
Period  of  Time  he  dates  the  Beginning  of  Pride  and 
Luxury,  which  were  ill  exchanged  for  the.  Native  Sim- 
plicity and  Candour  of  the  Englijh  Nation.  And  to 
"which,  he  thinks,  all  the  Miferies  in  the  fubfequent 
Civil  Wars,  down  to  the  Reign  of  Henry  VII.  may  be 
afcribed. 

.     Within  five  or  fix  Weeks  after  the  King's  Return 
1348.        to  England,  out  of  France,  he  ilTued  out  Writs,  dated 
.        November  13,  for  a  Parliament  to  meet  on  the  i4th  of 
irtjtmytr.  jamary  f0nowing?  at  Wejlrninfler  s.    They  did  not  fit 
on  that  Day,  but  adjourned  for  three  more,  to  give 
Time,  as  before,  for  the  more  diftant  Peers  and  Com- 
mons to  come  up.     Being  all  affembled,  Sir  William 
Thorpe,  Lord  Chief  Juftice,  by  the  King's  Command1, 
opened  the  Caufe  of  the  Summons  in  his  Prefence,  and, 
C  2°9  J      jn  full  Parliament,  declar'd  that  it  was  on  two  Accounts : 
'  Firft,  Concerning  the  War  with  the  Confent  of  the 

*  Parliament;  next,  How  the  Peace  of  the  Nation  might 
«  be  better  kept.' 

The  Lords  and  Commons  debated  earneftly  on  thefe 

Matters  for  fome  Time  ;  when,  on  the  fourth  Day,  the 

Commons  declared,  '  That  they  were  not  able  to  ad- 

/    '  vife  any  Thing  concerning  the  War,  and  therefore  de- 

*  fired  to  be  excufed  as  to  that  Point;  and  that  if  the 

*  King  '  would  be  advifed  by  his  Nobles  and  Council, 
'  what  (hall  be  by  them  determined,  they  would  con- 

*  fent  unto,  confirm,  and  eftablifli.' 

As  to  keeping  the  Peace,  and  the  better  Governance 
of  the  Land,  the  Commons  prefented  many  Petitions  to 
the  King  for  the  Redrefs  of  Grievances,  and  the  like  : 
Thefe,  with  the  Anfwers  to  them,  amount  to  no  lefs 
than  70  Articles,  and  are  too  copious  for  our  Defign: 
However,  there  is  one,  more  remarkable  than  the  reft, 
which  muft  not  be  omitted.  It  fhews  the  Jealoufy  or" 

the 

•  Barnes  takes  no  Notice  of  this  firft  Parliament  after  the  Kind's  Return* 
t  Dei  Grants  et  Sages  de  votre  Confiil,     Rot.  i'arl, 


of   ENGLAND.  287 

the  Commons,  in  thofe  Days,  on  any  Impofitioris  or K-  Sdiaard  III. 
Taxations  on  Goods  or  Merchandize,  without  their 
Advice  and  Confent. 

4  Whereas,  in  a  Council  holden  by  Lionel u  the  King's 
Son,  then  Guardian  of  the  Realm,  it  was  ordered, 
without  the  Confent  of  the  Commons,  That,  for  keeping 
the  Realm,  and  fafe  Conduct  of  Merchant  Ships,  2  s. 
fhould  be  taken  of  every  Sack  of  Wooll  palling  the 
Sea,  2s.  on  every  Tun  of  Wine,  and  upon  every  Pound 

of w  imported,  6d.  to  continue  'till  Michaelmas 

next ;  that  it  would  pleafe  the  King  to  fuffer  this 
Charge  to  fall,  and  that  he  would  fend  Letters  to  the 
Collectors  of  it  accordingly.' 

Anfwer.  All  Charges,  fuppofed  in  this  Article,  are  laid 
down,  except  2s.  on  the  Sacks,  which  is  only  to  endure  'till 
Eafter  next ;  and  forafmuch  as  thefe  Charges  were  or- 
dained for  fafe  Conduct  of  Merchandizes  into  the  Realm , 
and  out  of  it  to  foreign  Parts,  for  Provifion  of  which  the 
King  hath  laid  out  much  Money,  it  is  hoped  that  the  levy- 
ing of  it,  for  fo  little  a  Time  to  come,  cannot  be  thought 
grievous. 

The  Commons  conclude  their  Petitions  with  a  De- 
fire  to  the  King,  That,  fmce  they  ftaid  there  at  great 
Charges  and  Expences,  they  might  have  an  Anfwer 
fpeedily,  and  be  dim-lifted  to  "their  own  Countries. 

How  long  this  Parliament  fat  is  uncertain,  as  it  is  in- 
deed of  all  the  reft  at  this  Time.    The  Records  are  very 
punctual  in  naming  the  exact  Time  when  they  met,  but 
rarely,  or  never,  when  they  were  difiblved.     However,  ' 
we  find  another  called  the  Year  after,  to  meet  on  the 
Monday  next  after  Midlent,  which  happened  to  be  the 
lyth  of  March  that  Year.     At  this  Meeting,  as  ufual,  AnnoRegni--. 
Refpite  was  given  of  a  Day  or  two  for  all  to  come  up ;        1349. 
and,  when  aftembled,  the  fame  Sir  William  Thorpe  de- 
clared  the  Caufe  of  it  to  be,  '  That  the  King  had,  ac- 
'  cording  to  the  Truce  agreed  to  at  Calais,  fent  Commif- 
4  fioners  to  the  Pope,  from  whom  he  had  long  fmce  ex- 
«  pedted  fome  fatisfa&ory  Anfwer,  but  as  yet  had  recei- 

*  ved  none.     Alfo,  that  fundry  Articles  of  the  Truce, 

*  touching  both  the  Kings  and  their  Allies,  were  not 

<  duly 

u  He  is  called,  in  the  Record,  Ltontl  de  Andwert,  of  Antwerp,  from  bo 
^ng  born  there. 

w  The. Word  is  da  A-vcirs,  which  we  own  we  cannot  tranflate. 


K.  Edward  lit 
j.          -, 


*Fke  Parliamentary  HISTORY 

duly  performed;  and  further,  that  the  French  were 
preparing  a  puiflant  Army,  wherewith  to  invade  the 
Realm.  From  all  which  it  appeared  that  the  Truce 
was  but  fickle,  and  that  it  was  neither  fafe  nor  prudent 
to  rely  upon  it,  but  rather  to  be  arm'd  betimes  againft 
the  worft  that  might  happen  ;  that  this  War,  which 
was  undertaken  by  the  Advice  and  Confent  of  Parlia- 
ment, might  have  a  profperous  Ending,  and  be  carried 
on  with  the  leaft,,Charge  to  his  People.  He  added, 
That  the  Confervation  of  the  Public  Peace  at  home 
was  another  main  Point  for  their  Confiderations,  and 
that  this  muft  be  done  by  wholefome  Laws,  duly  and 
impartially  adminifter'd.' 

Debates  arofe  again  amongft  them,  and  continued  for 
fome  Days  ;  when,  at  laft,  the  Commons  agreed  upon' 
an  humble  Petition,  or  Reprefentation,  to  the  King,  on 
the  prefent  State  of  the  Nation  :  Which  being  a  Parlia- 
mentary Proceeding  very  memorable,  muft  find  a  Place^ 
as  tranflated  from  the  original  Record  x,  in  thefe  Inqui- 


To  their  Moft  Honourable  and  Moft  Redoubted  Liege 
Lord,  his  poor  Commons  Jheiu., 


the  Commons'  '  Hr^HAT  at  his  laft  Parliament  he  fent  the  Noble 
Reprefentation  <  j[  Earls  of  Lancafter  and  Northampton,  and  other 
°JthASt.ateof  '  Great  Men,  to  tell  them  that  he  intended  not  to  take 

the  Nation  to  ,_  '    , 

the  King,  deda-  any  A  'ling  more  or  them,  or  to  charge  them  farther; 
ring  they  will  <  which  they  had  publimed  to  the  whole  Land,  for  which 
grant  noSupplies  «  th  had  ajfo  thanked  him,  accordin  to  their  Know- 

but  on  Condition  -' 


,  .  .  ,  .    -        .  . 

of  their  Grie-  e"ge»  as  niuch  as  they  could,  and  prayed  for  him 
vances  being  re-  '  Night  and  Day:  And  yet  at  this  prefent  Parliament, 
drafted.  <  upon  certain  News  now  arrived,  he  demanded'  a  very 

4  great  Charge  of  his  poor  Commons.    Wherefore  they 

*  defire  his  Noble  and  Thrice-honoured  Grace  would 

*  be  pleafed  to  underftand  the  Mifchiefs  and  Burdens  of 

*  the  Commons;  that  is  to  fay,  the  reafonable  Aid  which 

*  had  been  pardoned  /  in  his  i4th  Year;  that  is,  a  Grant 
'  was  then  made  it  fhould  not  be  paid  in  all  his  Reign; 
'  to  wit,  40^.  upon  every  Knight's  Fee,  to  make  his 

*  eldeft  Son  Knight  ;  whereas,   by  Statute,  there  was 
4  but  20  s.  due  upon  every  Fee;  bcfides  the  Fifteenths  of 

«  the 

*  Rot.  Pad,  22  Edward  HI,  —  ^y  Remitted. 


^ENGLAND.  285 

1  the  Commons,  and  Tenths  of  Cities  and  Boroughs  j  K»  Edward  Ilii 
'  Men  at  Arms,  Hobelors,  Archers  taking  of  Victuals     r          -, 

*  without  paying  for  them  ;  guarding  the  Sea ;  and  alfo 

*  the  Subfidy  of  Wooll,  by  rtafon  whereof  every  Sack  of 
<  Wooll,  that  was  the  Trealure  of  the  Land,  was  fold 
'  for  40  s.  lefs  than  its  Value.     And  as  it   would  be 
'  a  great  Trouble  to  the  Commons  to  bear  any  Charge, 
'  that  therefore,  if  the  Aid,  now  to  be  granted,  might 

*  not  be  turned  into  Wooll,  neither  by  way  of  Loan 
'  or^  Value,  nor  in  any  other  Manner,  nor  levied  too 

*  haftily,  but  in  the  Form  it  was  wont  to  be  granted, 
'  and  that  the  Eyres  of  Juftices  in  the  mean  Time  might 

*  ceafe,  as  well  of  the  Foreft  as  of  the  Common  Pleas, 
«  and  general  Inquiry  in  the  whole  Land :  That  when 

*  this  Aid  {hould  be  levied,  that  then,  for  the  future,  no 
'  Subfidy  upon  Wooll  may  be  granted  by  the  Merchants; 
'  and  that  no  Impofition,  Loan,  or  other  Tallage,  or 

*  Charge  whatfoever,  (hall  be  put  upon  them  (the  Com- 
'  mons)  by  the  Privy  Council,  without  their  Grant  and 
'  Confent  in  Parliament;  and  that  two  Prelates,  two 

*  Lords,  and  two  Juftices  might  be  affigned  to  hear  and 

*  difpatch  their  Petitions,  which  were  not  anfwer'd  in  the 
'  Jaft  Parliament;  and  that  their  Petitions  in  this  Par- 

*  liament  might  alfo  be  anfwered  according  to  Reafon, 
'  and  the  Anfwers  to  remain  in  Force,  without  being 

*  changed  or  altered  u  :  That  the  Juftices  do  inquire  of 

*  falfe  Money,  which  ruins  the  People :  That  David 
'  Bruce,  William  Douglas,  and  other  Chief  Men  of  Scot" 
'  land,  may  in  no  Manner  be  releas'd,  neither  by  Ranfom, 
'  nor  upon  their  Faith  :  That  the  King  would  reftore 
'  the  20,000  Sacks  of  Wooll  taken  of  the  Commons  by 

*  way  of  Loan :  That  an  Aid  to  marry  his  Daughter 
4  might  not  be  taken  in  the  mean  Time  ;  and  that  there 

*  might  be  no  Marlhalfea  in  England,  except  that  of  the 

*  King,  or  the  Guardian  of  England,  when  He  was  out 
'  of  the  Kingdom. 

<  Upon  thefe  Conditions,  and  not  otherwife,  as  alfo 
'  that  they  may  be  entered  in  the  Parliament-Roll,  as 
'  Matter  of  Record,  by  which  they  might  have  Remedy, 
«  if  any  Thing  {hould  be  done  to  the  contrary  in  Time  to 

*  come,  the  laid  poor  Commonalty,  to  their  very  great 

*  Mifchief,  grant  to  the  King  three  Fifteenths,  to  be  le- 

VOL,  I.  T  « vied 

n  See  before,  p,  263,  281,  ttfejuentt 


We  Parliamentary  HISTORY 

K.  Edwardlll. c  vied  in  three  Years,  to  begin  at  Michaelmas  next  co- 

*  ming,  To  as  every  Year  one  Fifteenth  may  be  levied,  and 
L  272  J      (  no  more^  at  two  Terms  in  the  Year,  viz.  St.  Michael 

ASubfidygrant-  «  and  Eafter,  by  even  Portions;  and  that  this  Aid  may  be 

ed  on  Terms.     <  afligned  and  referved  only  for  the  War,  and  not  to 

«  pay  Debts ;  and  if  the  War  fliould  ceafe,  or  a  Truce 

«  be  made,  then  the  Fifteenth  of  the  laft  Year  not  to  be 

*  levied.     That  of  thefe  Conditions,  and  the  Manner 
<  of  this  Grant,  Letters  Patent  Ihould  be  made,  and  fent 

*  into  all  Counties,  without  paying  any  Thing  for  them ; 
«  wherein  fhould  be  mentioned  the  great  Neceffity  the 

*  King  was  in  after  the  laft  Parliament ;  and  in  Cafe 

*  the  War  fhould  break  out  towards  Scotland,  the  Aid 
4  granted  beyond  Trent  fliould  be  employed  for  the  De- 

*  fence  of  thofe  Parts,  as  it  had  been  formerly.' 

Mr.  Barnes  has  given  us,  from  the  Record,  the  fur- 
ther Petitions  of  this  Parliament  to  the  King,  with  his 
Anfwers  ;  but  as  many  of  them  are  not  very  material, 
we  fhall  refer  to  that  Author,  and  only  mention  one  of 
the  laft.  '  In  this  was  contained  a  long  Complaint  againft 

*  Forefters,  for  afforefting  of  Men's  Purlieus,  for  undue 

*  Trial,  and  for  Extortions ;  to  which  was  added  a  Re- 

*  queft,  that  Magna  Charta  may  be  obferv'd,  and  that  all 

*  Men  may  enjoy  their  Purlieus  according  to  the  Peram- 

*  bulations  in  the  Time  of  King  Edward  1.' 

Anfwer.  The  King  wills  that  Magna  Charta  be  kept 
inviolable  ;  and  thofe  that  will  complain  in  Right  of  their 
Purlieus  may  have  Writs  out  of  Chancery  to  redrefs  them. 

Another  Author  obferves  upon  this,  how  fenfible  the 
Commons  of  England  have  been  upon  any  Infringement 
of  their  Great  Charters  of  Liberties  and  Forefts ;  and 
alfo  how  ready  the  greateft  and  moft  powerful  of  our 
Kings  have  been  to  give  them  all  due  Satisfaction  to 
fuch  Petitions  or  Demands,  in  their  own  Way  w. 

If 

v  Tyrrel,  p.  555.  In  the  Public  ARt  we  find  a  Writ  directed  to  the 
King  of  Seats  to  come  to  this  latter  Pailiament  j  which,  for  the  Rarity  of 
it,  deferves  a  Tranfcript. 

Rex,  magnijicQ  Prindpi  etfdelifuc  Edwardo,  eadem  Gratia,  Regi  Scotia?, 
Confanguineo  fuo  carijjimo,  Salutem. 

l^uia  pro  magait  et  ardith  Negotiii,  tarn  nos  et  Statum  ntflri  Anglire, 
quant  vos  et  Terram  et  Gentem  Scotiaj  fua:»:e  ccncerr.entibus,  Par/iamentu>x 
rojirum  tf/WWeftmonafieiium  ad  Diem  Lunas,  fnximamfojl  Diem  Do- 
minican-. 


Sf    ENGLAND.  291 

If  we  have  been  too  prolix  in  our  Jaft  Proceedings,  we  K.  Ed-ward  in. 
have  now  aChafm  of  Time  in  which  we  can  meet  witrr 
nothing  to  our   Purpofe.     An  univerfal  Plague,  intro-      L  2?3  J 
duceti  Dy  many  frightful  Prodigies,  which  our  Biographer 
Barnes  has  given  us,  and  which  at  laft    ravaged  this 
Ifland  in  a  dreadful  Manner,  prevented  all  Parliamentary 
Meetings  for  full  two  Years  x.     But, 

The  King,  towards  the  latter  End  of  the  Year  1350, 
having  Occafion  for  the  Advice  of  Parliament,  iflued 
out  his  Writs  of  Summons,  dated  November  25,  for  one 
to  meet  on  the  Feaft  of  St.  Hilary,  or  January  13,  fol- 
lowing. On  which  Day  being  met,  it  was  further  ad- 
journed to  the  1 5th  of  February  next  after  ;  that  none 
might  plead  for  Excufe  they  had  not  Time  enough  giverr 
them  to  appear  in. 

This  Parliament,  by  the  Records,  was  held,  by  Com- 
miflion,  the  King  and  Prince  of  Wales  being  both  abfent. 

Upon  the  Day  appointed  the  King's  Commiffion  was  AnnoRegni  15. 
read,  in  the  Painted- Chamber  at /^///m'w/?<r,  authorizing         'Si1- 
Prince  Lionel  to  hold   a  Parliament  during  the  King's  At  weftminftert 
Abfence ;  who  it  feems  was  gone  upon  feme  Progrefs, 
or  Expedition,  of  which  our  Hiftoiians  are  filent:  But, 
being  prorogued  for  fome  Days,  in  the  mean  Time  the 
King  returned.     Being  again  afTembled,  Sir  William de 
Sharejhall,  the  Lord  Chief  Juftice,  in  the  Prefence  of  the     ..          , 
King,  Lords,  and  Commons,  declared,  '  That  the  Caufe      *-     '*  " 
4  of  their  Summons  was,  firft,  becaufe  the  King,  in  the 
'  22d  Year  of  his  Reign,  had  held  a  Parliament,  which 
*  he  was  hindered  from  continuing,  as  alfo  from  calling 
T  2  another, 

minicam  in  media  QuadrageJJimo  proximo  futurum,  teneret  et  ibidem  cum 
Pralatis,  Magnatibut,  et  I'roceribus  di£li  Regni  ncftri  Colloquium  babere  va- 
lumui  et  trafiatum, 

Et,  idea  vobis,  in  Fide  et  Uomagio,  quibus  nobis  tettemini,  mandamus 
fuod,  omnibus  aliit  prtetermijjis,  ad  diflot  Diem  et  Locum  perfonaliter  in- 
trrjitis,  ibidem  nobifcum  et  can:  Pr&latis,  Magnatibus,  et  Proccribuf  prtediflis, 
fuper  Negotin  prediflis,  trafiaturi,  •veftrumque  Corjilium  impenfuri $  et  hoc 
"jicut  nos  ct  Honorem  noftrum  et  Veftrum,  diligitis,  nullatenus  omietatit. 

Tefte  Rege  apud  Weftmonafterium,  decimo  quarto  Die  Februarii. 

Feed  Ang.  Tom.  V    p.  61 1,  6iz. 

*  In  a  Writ  to  the  Bifliop  of  Wfitbtfltr,  Jan.  I,  1349,  a  Parliament  is 
prorogued,  which  was  to  have  met  on  the  Monday  after  the  Feaft  of  St. 
Hilary,  to  1 5  Days  after  Eafter.  for  this  Reafon,  S^uia  tame nfubita  Plaga 
PeJUltntiee  mortalii  in  Loca  pr<edt£io,  et  aliis  Partibus  circum-vicinii,  adeo 
Indies  invalefcit,  quod  de  fecuro  flccejj'u  llominum  art  Locum  ilium  formidatur 
admodum  bin  Dicbus.  Feed.  Ang.  Tom.  V.  p.  655. 

And  by  another  Writ  they  are  again  prorogued,  for  the  fame  Reafon,  ad 
scvam  Framunitiwcm per  not  indc  fcctcndain,  &C.  Idem,  p.  658. 


292  The  Parliamentary  HISTORY 

K,  Edward  III.*  another,  by  reafon  of  the  late  dreadful  Plague,  to  this 
«  Time.     That  the  Bufmefs  of  the  Wars  now  required 

*  their  Concurrence,  becaufe  the  Peace  was  not  pundtu- 
'  ally  obferved ;  and  feveral  Domeftic  Affairs  wanted  to 
«  be  taken  into  Confideration  by  them;  particulary,  that 
'  Labourers  refufed  to  do  their  Work  at  reafonable  and 

*  ufual  Rates  :  And,  laftly,  becaufe  the  Treafure  of  the 

*  Realm  was  exported.' 

The  Caufe  of  the  Meeting  being  thus  opened,  the 
King,  by  the  faid  Chief  Juftice,  commanded  the  Com- 
mons to  confider  and  advife  what  was  beft  to  be  done  to 
redrefs  thefe  Evils.  In  Obedience  to  which,  and  for 
the  remedying  the  exceflive  Wages  of  Labourers,  there 
was  then  enacted  that  remarkable  Statute  de  Servientibus, 
the  25th  of  this  King  ;  which,  tho'  now  obfolete,  is  in 
our  Statutes  at  large  y.  It  was  alfo  enacted,  That  every 
Man  that  purchafed  any  Provifions  of  Abbies  or  Priories, 
in  the  Court  of  Rome^  both  he  and  his  Executors,  which 
did  fue  and  make  Executions  of  fuch  Provifions,  fhould 
be  out  of  the  King's  Protection,  and  dealt  with  as  Ene- 
mies to  the  King  and  Kingdom  z. 
The  Aft  parted,  The  Declaration  of  what  Offences  fliall  be  judged 

Oftlnr«sSfllIlirbeTrear0n  WaS   n°W  Paffed  int°  an  A&;    which    has  ever 

deemed  Treafon,  fmce  been  the  great  Barrier  betwixt  the  Kings  of  Eng- 
&(,  land  and  their  Subjects. 

There  is  not  any  particular  Petition  made  from  the 
Commons  to  the  King  for  the  enacting  this  Statute,  on 
the  Rolls  of  Parliament,  yet  it  is  among  the  Statutes  at 
large,  and  feems  to  have  been  made  becaufe  the  Judges 
had  heretofore,  in  their  Trials  of  Perfons,  condemned 
them  as  Traitors,  on  feveral  Caufes,  which  the  People 

did 

y  There  had  been  an  Alteration  and  Reduction  made  in  the  Ergiijh 
Coin  about  this  Time,  that  though  it  wanted  in  Weight,  yet  it  was  made  to 
pafs  according  to  its  former  Value.  And  whereas  before  there  were  no 
other  Pieces  of  Money,  but  Nobles  and  Half-Nobles,  with  fmall  Pieces  of 
Silver  called  Sterlings,  the  King  caufed  Groats  and  Half- Groats,  of  equal 
Value  with  the  Sterling  Money,  to  be  coined,  which  raifed  the  Prices  of 
Provifions  and  Commodities,  which  ufually  rife  and  fall  according  to  the 
Plenty  or  Scarcity  of  Money,  and  made  Servants  and  Labourers  to  raife 
their  Wages.  P'or  which  Reafon  this  Statute  was  made  to  reduce  the  fame 
to  the  ufual  Rates  given  before  the  late  great  Mortality.  &am.  Daniel  in 
Kennet,  p.  224. 

For  the  Statute  of  Labourers,  and  the  Wages  afligned  every  particular 
Craft,  fee  Statutes  at  large,  An.  Reg.  25  Edw.  III.  1350. 

2  Call'd  the  fecond  Statute  of  Provifers.  See  Haivtins  Statutes  et 
large,  25  Ed.  III.  p.  450.  And  C»/.'itr"t  EiC/ef.  WJl,  p.  554. 

See  before,  p.  253,  370, 


of   E  N  G  L  A  N  D.       <,  293 

did  not  know  was  Treafon.    The  Parliament,  confider-  K,  Edward  III, 
ing  how  to  fettle  this  material  Point  between  the  King 
and  the  Subject,  wifely  ena&ed  this  Statute,  which,  to 
this  Day,  fixes  what  particular  Points  are  to  be  deemed 
Treafon.     '  This  excellent  A&,  fays  a  late  Hiftorian*, 

*  fo  juftly  celebrated  in  After- Ages  for  the  Security  it 

*  afforded   to  the  Lives  and  Eftates   of  good  Subjects, 
4  feems  to  have  been  occafioned  by  the  Corruption  of 
4  the  Judges;  who,  in  order  to  defraud  the  Nobility  and 

*  Gentry  of  the  Efcheats  of  Lands  forfeited  to  them  as 
4  Lords  of  the  Fee  by  their  Vaflals,  in  certain  Cafes  of 
4  Felony  and  Mifdemeanor,  and  to  veft  the  fame  in  the 
4  Crown,  multiplied  Treafons  at  their  Pleafure ;  and  it 
'  was  for  this  Reafon  that  they  were,  in  the  latter  Part 
4  of  this  Statute,  exprefly  reftrained  from  adjudging,  by 
4  Parity  of  Reafon,   Inference,  or  Similitude  of  Cafe, 
'  any  other  Facts  to  be  Treafon ;  but  were  to  fufpend 

*  Judgment,  till  the  Cafe  fliould  be  laid  before  the  Par- 
4  1  lament  for  its  Determination,  whether  it  fhould  be 
4  deemed  Treafon  or  Felony.' 

The  Judges,  or  thofe  who  were  put  in  that  Authority 
by  the  King  in  thofe  Days,  did  not  behave  themfelves, 
in  their  feveral  Stations,  as  that  juft  Monarch  could 
wifh.  Some  Inftances  of  this  Kind  are  previous  in  this 
Reign  ;  and  now,  in  this  very  Parliament,  a  Lord  Chief 
Juftice  was  brought  before  them,  accufed,  tried,  and 
fentenced  for  Bribery,  contrary  to  his  Oath.  This  was 
the  fame  Sir  William  Thcrpe  who  is  named  as  Prolocu- 
tor to  fome  former  Parliaments,  and  who  the  King 
caufed  to  appear  before  the  prefent  Aflembly,  to  have 
the  Sentence  confirmed  which  had  been  parted  upon 
him,  and  which  was  no  lefs  than  Hanging.  The  King 
pardoned  him  as  to  Life,  but  rendered  him  incapable 
of  ferving  him  ever  after. 

The  before-quoted  modern  Hiftorian  takes  Occafion 
here  to  remark,  but  does  not  cite  his  Authority,  That 
no  Lawyer  fat  in  this  or  the  laft  Parliaments  which 
made  fuch  admirable  Laws  for  the  Good  of  the  King- 
dom. He  then  proceeds  and  gives  us  a  long  Difquifl- 
tion  on  this  Queftion,  Whether  Lawyers  mould  be 
excluded  from  fitting  in  Parliament  or  not  ?  And 
T  3  quotes 

a  Carte's  Iliflory  cf  England,  Vol.  II.  p.  480.  See  alfo  Appendix  t» 
this  Hiftory,  p.  j.  for  the  whoie  of  this  Aft, 


294  Tbe  Parliamentary  HISTORY 

K.  Edward  111.  quotes  feveral  Inftances,  by  Extracts,  out  of  the  Body 
of  Writs  for  fummoning  divers  Parliaments,  that  they 
were  exprefly  forbidden.  The  whole  is  a  very  long  and 
learned  DirTertation  on  this  important  Point ;  we  believe 
the  Fa&s  quoted  to  be  juft,  but  whether  they  amount 
to  what  the  Author  means  to  prove,  viz.  That  Lawyers 
then  were,  and  ought  for  ever  to  be,  excluded  from  Par- 
liament, we  leave  to  the  Gentlemen  of  the  Long  Robe 
to  determine  b. 

There  are  many  Petitions  with  their  Anfwers  enter'd 
on  the  Rolls  in  this  Parliament,  which  are  too  long  lor 
our  Purpofe. 

Our  more  general  Hiftorians  tell  us  that  there  were 

p  27-  -I      fome  Promotions  made  at  this  Time,  which  deferve  our 

Notice.     Henry  Earl  of  Lancafter  was  created  Duke 

The  Duchy  of  of  the  fame,  as  an  Acknowledgement  for  the  great  Ser- 
ftin'  vices  he  had  done  the  Crown^by  the  general  Confent 
of  the  whole  Parliament0.  He  was  inverted  by  girding 
on  a  Sword,  and  had  Power  to  hold  a  Court  of  Chan- 
cery in  the  County  of  Lancajier^  to  ifiue  out  Writs  un- 
der his  own  Seal  ;  and  alib  to  hold  Pleas  concerning 
Civil  Caufes  arifing  within  that  Duchy.  This  deferves 
more  Notice,  becaufe  it  is  commonly  laid  that  Lancafler 
was  not  advanced  to  a  County  Palatine  till  the  Reign  of 
Henry  IV.  But  as  Prince  Edward  had  been  before 
created  the  firft  Duke  that  ever  had  been  in  England* 
fo  this  Duke  of  Lancajler  was  the  fecond  that  was  ad- 
vanced to  that  Dignity.  At  the  fame  Time  alfo  the 
Lord  kalph  Stafford,  for  his  eminent  Services,  was  ad- 
vanced to  the  Title  of  Earl  of  Stafford;  and  1000  Marks 
Penfion  a  Year  was  given  him  by  the  King,  till  he 
could  provide  Lands  of  that  Value  to  fettle  on  him  and 
his  Heirs  for  ever  d. 

Mr.  fyrrel  obferves  that  there  is  an  Error  in  the  Par- 
liament-Roll;, made  by  the  Clerk,  by  entering  this  Par- 
liament .where  the  next  mould  be,  which  was  called 
the  Year  after.  For,  fays  he,  the  Writ  of  Summons, 
for  the  Succeeding  one,  bears  Date  November  15,  to 
meet  on  the  I3th  of  January  following ;  and  as  this 

King 

t>  Fide  Carte,  p.  480. 

c  By  the  King's  fpecial  Charter,  dated  Marcb  6,  A.  K.  15.  Yeed.  Ang. 
'd  The  famous  Older  of  the  Garter  was  at  this  Time  firft  inftituted  at 
Windfcr  by  the  King  j  Cni  tantvs  dtinde  acctjjit  Honor,  ut  maxima  quefqug 
Riga  ucn  faenituerit  in  id  venirf  Collegium,  Pol.  Verg.  L:b>  xijc.  p.  378. 


of   E  N  G  L  A  N  D.  a$$ 

King  begins  his  Reign  from  the  firft  of  this  Month,  it  K.  Edward  ill,, 

muft  be  in  the  26th,  and  not  the  25th  Year  of  it.     By 

which,   adds  this  Author,   the  Reader  may   find  that 

Errors  may  fometimes  happen  in  Records  themfelves  ; 

and  muft  be  corrected  either  by  other  Records,  or  the 

Hiftory  of  the  Times. 

But  the  Error  is  in  Mr.  Tyrrel,  and  not  in  the  Clerk; 
for  Edward  III.  began  his  Reign  on  the  2gth  of  Ja- 
nuary, 1327,  and  was  crowned  on  the  firft  of  February 
following  (hafty  Work,  indeed,  but  was  what  the 
Neceffity  of  thofe  Times  requir'd) ;  fo  that  the  Meeting 
of  this  fucceeding  Parliament  muft  be  ftill  in  the  25th 
Year  of  this  King6. 

And  accordingly  on  the  I3th  of  January  the  Parlia-  Anno  R     . 
ment  met,  but  was  adjourned  for  five  Days  on  Account        i35i. 
of  the  Abfentees ;  when,  being  all  afTembled,  the  Parlia-  At  Weamina 
ment  was  open'd  by  a  Speech  from  Sir  William  Sbarejhall, 
the  Lord  Chief  Juftice,  declaring  the  Occafion  of  the      j-  2^  j 
Summons  to  be,  for  fetting  forth  the  King's  Title  to  the 
Crown  of  France;  telling  them,  «  That  Philip  of  Valoh  The  King's  Title 
«  had  ufurped  it  all  his  Life  ;  and  not  only  fo,  but  moved  J^SJUf 

*  War  againft  him  in  Gafcoingy  and  other  Places,  feizingthis  Parliament. 

*  upon  his  Rights  and  Poflefiions,  and  doing  all  the  Mif- 
'  chiefs  to  him,  both  by  Sea  and  Land,  that  was  in  his 
'  Power,  which  they  well  knew,  in  Subverfion  of  him 

*  and  his  Realm  of  England :  That  in  former  Parlia- 

*  ments  this  Matter  had  been  propounded  in  Behalf  of 

*  the  King,  and  their  Advice  requefted  what  was  beft  /• 

*  to  be  done  ;  and  that  it  had  been  declared,  after  good 

*  Deliberation,   they  knew  no  other  Way  to  advife  the 
'  King,  than  to  procure  Allies  to  go  againft  his  Adver- 

*  fary  by  main  Force,  and  to  do  this  they  had  promifed 
'  to  aid  him  with  Body  and  Goods.     Whereupon  the 
'  King  made  Alliances  with  feveral  foreign  Princes  and 
'  Powers,  and,  by  the  Help  of  the  good  People  of  Eng- 
'  land,   he  made  War  upon  him,  becaufe  he  could  not 

*  bring  him  to  a  reafonable  Peace.    That  the  King  and 
'  his  Adverfary  had  often  aflented  to  Truces ;  but  his 
'  Enemy,  during  thofe  Truces,  imagining  to  deceive 
'  the  King,  broke  them  every  Way,  continuing  his  Ma- 

«  Jice 

e  In  the  Record,  thefe  Parliaments  are  divided  into  Part  prima  &  fecund* t 
which  njjfcht  be  for  ijar /•  amentum  frimum  &  fccundum  in  the  fame  Year. 


296  %be  Parliamentary  HISTORY 

K.  Edwatd  III.  <  lice  againft  him  and  his  Friends.     That  now,  after 
<  Philip's  Deceafe  f,   John,  his    Son,    continuing  the 

*  fame  Wrongs  his  Father  had  maintained,  pofTeiled  the 

*  Kingdom  of  France  \  and,  contrary  to  the  laft  Truce, 
«  confirmed  and  fworn  to  by  both,  had  broken  it  both 
'  in  Gafcoigny  and  Britany^  and  alfo  upon  the  Sea ;  and 
'  had  actually  fent  to  Scotland  to  renew  the  antient  Al- 

*  liance  made  between  them,  wholly  tending  to  the  Sub- 
«  verfion    and   Deftru&ion    of  his   People   of  England. 
4  Wherefore  the  King  much  thank'd  his  Commons  for 
'  the  Aids  they  have  already  given   him,  and  for  the 

r  2-~  -j  *  Good  will  he  had  always  found  in  them,  and  prays 
'  them  that  they  would  take  Time  to  confult  about  this 
«  untill  the  next  Day,  and  that,  at  Sun-Rife  in  the 
'  Morning,  they  would  come  to  the  Painted-Chamber  in 
«  Weftminfter  to  deliberate,  and  to  hear  if  the  King 
<  woulti  fay  any  Thing  further  to  them  ;  and  to  (hew 

*  the  King  their  Grievances,  if  they  had  any,  that  Re- 

*  lief  might  be  given  them  at  this  Meeting/     He  con- 
cluded his  Speech  with  charging  the  Commons,  in  the 
King's  Name,  to  fhorten  their  Stay  in  Town  ;  and,  for 
the  quicker  Difpatch  of  Bufmefs,  that  they  would  im- 
mediately make  Choice  of  24  or  30  Perfons,  out  of  their 
whole  Number,  to  be,  in  the  Morning,  at  the  Painted- 
Chamber^  and  the  King  would  fend  a  Number  of  Lords 
to  them  to  confer  about  the  Bufmefs  of  the  Nation. 

After  this  Declaration  from  the  Chief  Juftice,  and 
another  from  Sir  Bartholomew  Burgherjh,  the  King's 
Chamberlain,  to  the  fame  Purpofe,  the  Commons  chofe 
a  Committee,  as  directed,  who  had  feveral  long  Con- 
ferences with  the  Lords,  as  well  to  raife  a  necefiary  Aid 
for  the  King,  as  to  draw  up  Petitions  concerning  the 
Rights  of  their  Conftituents.  When  all  was  ready,  the 
A  Supply  granted  Commons,  in  their  whole  Body,  came  before  the  King 
aSa'mft  France,  in  full  Parliament,  and  reprefented  to  him,  *  That  the 
'  cornrnon  People  of  the  Land  were  much  impoverifh'J 
*  by  the  late  mortal  Peftilence,  as  well  as  by  other  Bur- 
'  dens,  Taxes,  Tallages,  and  many  other  Payments  laid 
'  upon  them  a;  yet,  notwithftanding  all  thefe  Damages, 
'  having  a  due  Regard  to  the  National  Intereft  and  De- 

*  fence 

f  This  King  of  France  died  Auguft  10,  Anno  1350,  and  was  fucceeded 
by  John  Duke  of  Normandy ',  his  Son. 

a  Par  autres  Somers,  Taxes,  Taiilages,  et  plufurts  autre  Cbevar.cei,  &c. 
Rot.  Pad,  25  Edward  III.  fart  fecu*2at  N°.  9. 


of    E  N  G  L  A  N  D.  297 

*  fence  againft  the  Malice  of  their  Enemies,  they  deli-K,  Edward  m% 
4  vered  the  King  a  Roll,  containing  both  the  Aid  which 

*  they  had  unanimoufly  granted  him,  and  their  Petitions 

*  concerning  the  Commons  of  England^  to  which  they 

*  prayed  the  King  to  give  good  and  fpeedy  Anfwers.' 
The  King  granted  their  Requeft,  thanked  thf  m  for  the 
great  Aids  given  before,  and  for  this  now  granted;  and 
for  the  Good-will  and  Kindnefs  he  had  always  found  in 
his  Commons,  as  well  in  this  as  in  former  Affairs. 

Then  follows  the  Grant  of  three  Tenths  and  three 
Fifteenths  to  the  King,  by  the  Lords  and  the  whole 
Commons  of  the  Land,  in  order  to  fupply  his  great  Ne- 
ceflities.  This  Tax  was  to  be  raifed  as  the  laft  Tenths  *•  2?  * 
and  Fifteenths  were,  within  three  Years,  upon  the  Con- 
ditions following : 

4  That  all  Fines,  Profits,  Amerciaments,  and  Imports, 
4  levied,  or  to  be  levied,  upon  Labourers,  Artificers, 
4  Regrators,  &c.  who  were  for  taking  more  Wages, 

*  were  to  be  paid  towards  raifing  the  Subfidy.'    But  this 
Statute,  together  with  the  Anfwer  to  it,  is  now  obfolete. 

4  That  hereafter  no  Tax,  Tallage,  Aids,  or  Charges 
4  be  demanded  or  levied  on  the  Commons;  and  that  all 
4  the  reafonable  Petitions,  prayed  by  the  Commons, 
4  may  be  granted,  confirmed,  and  fealed  before  the  Dif- 
4  folution  of  this  Parliament.'  To  which  the  King's 
Anfwer  was,  '  That,  as  to  the  Tax  and  Tallage,  it  is 
4  not  the  Intention  of  the  King,  or  the  Lords,  that  they 
4  fhould  ever  be  charged  without  the  Confent  of  the 
4  Commons  ;  and,  as  to  granting  their  other  reafonable 
4  Petitions,  the  King  is  pleafed  it  fhould  be  done.' 

The  Commons  pray  alfo,  *  That  the  Loans  which 
4  were  granted  to  the  King  by  many  of  that  Body,  may 
4  be  releafed  ;  and  none  compelled  to  make  fuch  Loans 

*  for  the  future  againft  his  Will,  for  that  it  was  againft 
4  Reafon  and  the  Franchife  of  the  Land  ;  and  that  Re- 
4  ftitution  might  be  given  to  thofe  who  had  made  the 

*  Loans.'     The  King's  Anfwer  was,  4  That  it  fhould 
4  be  done.' 

*  Alfo,  that  whereas  the  King's  Juftices,  affigned  to 
4  feveral  Counties,  had  judged  many  Men  that  were 
4  arraigned  before  them  as  Traitors,  for  divers  Caufes 
0  not  known  to  the  Commons  to  be  Treafon;  therefore 
4  it  was  defired  that  the  King  and  his  Council,  and  the 

*  Great 


298  The  Parliamentary  HISTORY 

£.  MwarJULf  Great  and  Wife  Men  cf  the  Land,  would  pleafe  to 
'  declare  the  Points  of  Treafon/  The  Anfwer  was, 
'  That  a  Statute  was  made  in  the  laft  Parliament,  fet- 
,'  ting  forth  and  declaring  what  Crimes  (hall  be  Treafon 
'  for  the  future.'  This  we  {hall  have  often  Occafion  to 
mention  in  the  Sequel. 

It  will  not  be  amifs  to  add  fomewhat  of  a  private  Con- 
cern, which  was  tranfacled  in  this  Parliament.  The 
Xord  John  Maltraver^  who  was  thought  to  be  one  of 
the  Murderers  qf  King  Edward  II.  having  fome  Years 
before  come  in  and  Tubmitted  himfelf  to  the  King's 
f  2-_  "\  Mercy,  and  lately  received  his  Pardon,  now  petitioned 
to  have  it  confirmed  in  Parliament ;  which,  in  Confi- 
deration  of  his  late  faithful  Service  to  the  King  in  Flan- 
ders, was  granted  accordingly,  and  he  was  again  reftored 
to  his  Honour  and  Eftate,  which  had  been  long  feized 
into  the"  King's  Hands  b. 

In  the  fucceed  ing  Year,  1353,  An.Reg.  27  Ed^v.  III. 

the  King  called  another  Parliament  to  meet  at  IViJlmin- 

Jler  on  the  Monday  next  after  the  Feafl  of  St.  Matthew 

the  Apoftle,  by  Writs  dated  the  ifth  of  July  foregoing. 

This  Meeting,  in  the  Record, x  is  only  called  a  Great 

Council,  (in  Magno  Conftlio)  compofed  of  about  fixty 

Lords,  one  Knight  for  each  County,  and  one  Member 

for  each  City  or  Borough  ;  but  yet  we  ihall  find  them 

enacting  Laws,  equal  to  the  Power  of  a  full  Parliament. 

T  280  1     •     ^  was  n°t>  however,  'till  the  yth  Day  oiOftober  that 

this  Parliament,  or  Council,  fat  to  Ho  Bufmefs ;  when, 

Anno  Regni  27. being  all  aflembled  in  the  IVkite  Ha!!,  or  Chamber,  of 

I353-        Wejlminfter,  the  Lord-Chamberlain,  Burgherjh^  deli- 

At  JF<y?/ft/»/?<;r.  vered  the  King's  Mind  to  them  as  follows : 

c  That  the  King,  confidering  how  he  might  beft  eafc 

*  his  People,  that  had  been  often  charged  with  Impofi- 
'  tions  and  great  Aids,  by  reafon  of  the  War  with  his 
'  Adveriary  of  France^  who  detained  his  Right  of  Heri- 

*  tage  to  that  Crown  from  him,  had  fent  lately  fome 

*  of  the  moft  Noble  Lords  of  his  Realm,  viz.  the  Arch- 
'  bimop  of  Canterbury  and  the  Duke  of  Lancajhr,  with 

*  ether 

t>  See  before,  p.  207,  208,  224,  225. — The  King's  Charter  of  Pardon 
for  this  Man  is  entered  at  Length  on  the  R,olls.  It  is  in  Latin,  and  is 
very  full  and  particular,  and  is  dated  at  Wejlminfter,  Itb.  8L  sin.  Keg.  26  j 
which  (hews  that  this  Parliament  fat  both  in  the  a 5th  ami  zGth  Years  of 
Jiis  Reign. 


of  E  N  G  L  A  N  D.  299 

'  other  Prelates  and  Noblemen,  to  Guifnes^  to  treat  with  K.  Edward  lilt 

*  his  Adverfary  in  Prefence  of  a  Cardinal,  whom  the 
«  Pope  had  fent  thither  as  a  Mediator;  and  that,  after 

*  the  Treaty,  he  had  fent  his  Confeflbr  to  the  Pope,  to 

*  acquaint  him  that,  confidering  the  many  People  that 

*  had  been  killed  in  this  War,  and  defiring  to  fpend  the 

*  reft  of  his  Time  in  another  more  holy  one,  to  the  Ho- 

*  nour  of  God,  if  his  Adverfary  would  make  Reftitution 

*  of  the  Duchy  of  Guyenne  to  him,  as  entirely  as  any  of 
'  his  Anceftors  had  enjoyed  it,  to  hold  it  freely  without 

*  any  Homage  or  Service,  he  was  willing,  when  the  War 

*  was  ended,  to  refign  his  Tide  to  the  Crown  of  France. 

*  That  the  Pope  had  moreover  been  defired  to  found  his      [  281  J 
'  /WWjAdverfary's  Inclination  to  a  farther  Treaty ;  yet, 

*  with  Proteftation,  That,  if  he  (hould  not  accept  it,  all 
'  his  Rights  fhould  be  entirely  faved  to  him,  as  if  no 

*  fuch  Offer  had  been  made.     To  which  Meflage  the 

*  King  not  having  received  any  Anfwer  from  the  Pope, 
'  he  had  fent  another  by  the  Archdeacon  of  Huntingdon^ 
'  William  de  JVitlefey^  to  know  what  had  been  done  in 
'  this  Affair,  who  brought  back  nothing  worth  report- 
'  ing ;  wherefore   it  feemed  neceflary  to  the  King  and 

*  the  Lords  of  his  Council,  that  he  {hould  prepare  him- 
c  felf  for  the  War  againft  his  Adverfary,  as  well  for  the 
'  Defence  of  England  as  to  recover  his  Rights,  for  which 
'  he  ought  to  have  a  great  Sum  of  Money  granted  to 
'  him.' 

The  faid  Chamberlain  fhewed  further,  *  That  the 
'  late  Tax,  or  Subiidy,  on  Wooll,  Leather,  and  Wooll- 

*  fels,  ending  at  Michaelmas  laft,  it  was  not  the  King's 
'  Intentions  to  lay  any  new  Tax  or  other  Charge  upon 

*  his  People,  yet  he  requefted  the  Parliament  to  grant 

*  him  the  faid  Subiidy  for  fome  Time  longer.' 

This  Requeft  being  confidered  by  the  Three  Eftates, 
and  deliberated  upon,  they  all  unanimoufly  agreed  to ^  farther  Grant 
grant  the  King  this  Subfidy  of  Wooll,  bV.  to  receive  it,fbr  the  fame 
as  before,  frcm  Michaelmas  laft  for  three  Years  to  come,purP°fet 
if  the  War  fhould  continue  fo  long ;  upon  Condition 
that  the  Money,  ariling  from   this  Subfidy,  fhould  be 
kept  folely  for  the  War,  and  not  applied  to  any  other 
Ufe. 

There  were  likewife  feveral  excellent  Laws  made  in 
this  Council,  or  Parliament,  as,  particularly,  that  of  the 

Staple  i 


300  The  Parliamentary  HISTORY 

K.  Edward  HI.  Staple6 ;  whereby  it  was  ena&ed.That  the  great  Markets 
for  Wooll,  Wooll-fels,  Leather,  and  Lead  fhould  be 
held  in  London,  Wejlminfter,  York,  Brijiol,  and  divers 
other  Cities  and  Towns  therein  mentioned  ;  with  feve- 
i  ZQ2.  J  raj  £ujes  ancj  Reftri£tions  for  well  regulating  the  fame. 
This  A6t,  or  rather  Ordinance,  was  made,  as  was  de- 
clared by  the  Chief  Juftice  Sharejhall.  becaufe  the  Staple 
of  Wooll,  the  fovereign  Merchandize  and  greateft  Jewel 
in  the  Kingdom  of  England*,  had  heretofore  been  held 
in  Parts  beyond  Sea,  to  the  enriching  of  Foreigners  and 
Strangers  :  Therefore,  &c.-  as  is  before  recited.  The 
Ordinance  is  in  the  King's  Name  only,  and  confifts  of 
near  forty  feparate  Articles  ;  but  in  the  laft  it  was  or- 
dered to  be  proclaimed  and  published  in  every  County  in 
England;  and  alfo,  for  greater  Force,  that  it  fhould  be 
rehearfed  and  inrolled  in  the  Proceedings  of  the  next 
Parliament. 

Anno  Regni  a8.      The  Year  T353  beinS  ended,  the  King,  on  the  1 5th 
1354.        of  March,  in  the  next  Year,  fent  out  his  Writs  of  Sum- 
ler.  mons  to  ca^  a  rea^  Parliament  to  meet  at  IVeftminJier, 
April  the  28th  following.  Being  accordingly  aflembled, 
the  aforefaid  Lord  Chief  Juftice  declared,  in  the  Pre- 
fence  of  the  King,  Lords,  and  Commons,  in  the  Paint- 
ed Chamber,  '  That  the  Caufe  of  this  Parliament's  be- 

*  ing  called,  was  for  three  Things  :  Firjl,  For  eftablifh- 
'  ing  the  Staple  within  the  Realm,  and  for  Confirmation 
'  of  the  Ordinances   made   in  the  laft  Great  Council 
'  about  it.     Secondly,  How  they  might  treat  of  a  Peace 
'  with  France;  for  that  by  War  the  King  faw  his  Sub- 

*  je&s  greatly  wafted.     And,  Thirdly,  For  receiving  of 
'  Petitions  and  redreffing  of  Grievances;  all  which  with- 
'  out  a  Parliament  could  not  be  effectually  done.' 

A 

c  Staple  fignifies  this  or  that  Town  whither  the  Englijh  Merchants  were 
•bliged,  by  Aft  of  Parliament,  to  carry  their  Wooll,  Cloth,  Lead,  and 
Tin,  and  fuch-like  Staple  Commodities,  in  oider  to  fell  them  by  the  Great. 
For  the  Etymology  of  this  Word,  fee  further  in  Blounfs,  Co-well's,  and 
Jacob's  Laic  Dictionaries. 

Ic  feems  the  King  was  difpleafed  with  the  Fltmmings  for  difappointing 
him  in  the  Match  between  his  Daughter  and  their  young  Earl  Lewis,  and 
removed  the  Staple  of  Woclls  from  their  Towns,  which  were  greatly  en- 
riched thereby,  and  caufed  it  to  be  kept  at  home,  judging  it  more  con- 
venient to  enrich  his  own  Towns  than  Strangers,  by  the  Commodities  of 
his  Kingdom.  Daniel  in  Kennet,  p.  224. 

d  Stye  f;nt  la  fo-ueraine  Marchandij'e  et  Jtiuel  dt  fan  Roiattne  dr Anglo-, 
•ene.  Rot.  Farl.  18  Ediu.  II U 


of    E  N  G  L  A  N  D.  301 

A  Day  or  two  after  the  Lord-Chamberlain  inform- K.  Edward  III* 
ed  them,  '  That  there  were  great  Hopes  of  bringing 
'  about  a  Peace  between  England  and  France,  by  Means  The  ,Kin.g  Q*" 

*  of  certain  Commiffioners  appointed,  on  both  Parts,  for™"  of 'his  Parl 

*  that  Purpofe;  yet  the  King  would  not  conclude  anyJiamentconcem- 
«  Thing  without  the  Confent  of  his  Lords  and  Commons;  £§  ^eace  with 
'  wherefore  he  demanded  of  them,  in  the  King's  Name-, 

*  Whether  they  would  affent  and  agree  to  a  Peace,  if  it     [   283  ] 
'  might  be  had  by  Treaty?'  To  which  the  Commons 
anlwered,  with  one  Accord,  *  That  what  mould  be 

'  agreeable  to  the  King  and  his  Council  in  making  of 
c  this  Treaty,  would  be  fo  to  them.'  But  the  Commons 
being  afked  again,  *  If  they  confentcd  to  a  perpetual 
'  Peace,  if  it  might  be  had  ?'  They  all  unanimously 
cried  out,  Oil,  oil,  Yea,  yea.  Upon  which  Dr.  Michael 
Northburg,  Keeper  of  the  Privy  Seal,  commanded  Dr. 
John  de  Swineley,  the  Pope's  Notary,  to  enter  this  in 
a  public  Inftrument,  which  was  to  be  laid  before  the 
Pope  at  Avignon. 

Mr.  Tyrrel  obferves  here  that  Parliamentary  Proceed- 
ings were  not  then  reduced  to  that  Form  and  Regularity 
which  they  have  been  brought  to  fince  that  Time ;  the 
Commons  here  giving  their  Opinions,  viva  Voce,  and 
in  the  Prefence  of  the  Lords,  to  what  the  King  demand- 
ed of  them.  He  adds,  That,  for  Redreis  of  Grievances, 
he  can  find  none,  but  what  had  been  done  in  the  pre- 
ceding Parliament. 

In  this  Parliament  it  was  that  the  Lord  Roger  Morti-  Attainder  of 
mer,  Grandfon  to  the  famous  Roger  Mortimer,  who  wasarr 
attainted  and  executed  three-and-twenty  Years  before, ve7fed." 
was  reftored  to  Blood,  and  the  Judgment  againft  his  faid 
Grandfather  reverfed,  as  being  contrary  to  Law  e.  The 
like  Favour  alfo  Richard Fitz- Alan,  Son  to  EdmundQzA 
of  Arnndele,  who  had  been  attainted  in  the  Beginning 
of  this  Reign,  obtained  on  Behalf  of  himfelf  and  his  faid 
Father.  Which  Examples,  fays  Tyrrel,  may  ferve  to 
{hew  us,  that  it  is  the  Duty  of  fucceeding  Parliaments 
to  correct  and  reverfe  whatfoever  hath  been  unjuir.lv  and 
too  feverely  enadted  by  thofe  that  preceded.  But  as 
thefc,  and  fome  others  before  mentioned,  were  all  at- 
tainted for  the  mifguiding  and  even  murdering  of  his 
Father,  it  muft  feem  ftrange  in  this  King  to  pardon,  or 
reftore,  any  of  them. 

Tho' 
C  See  before,  p.  zc6,  zzz. 


*o2  The  Parliamentary  HISTORY 

K.  Edwardlli.      Tho'  neither  the  laft-named  Author  nor  Dr.  Brady 

e've  us  any  Petitions  from  the  Commons  for  Redrefs  of 
rievances  this  Parliament,  yztjo/hua  Barnes  is  not  fa 
iilent  in  the  Matter,  and,  from  the  Records  themfc  -Ives, 
has  given  a  great  many  Petitions,  which  the  Reader 
may  take  as  follow : 

The  Commons'  Petitions,  with  the  King's  Anfwers  thereto, 

were  thefe : 

Petitions  of  the      Commons.  «  That  the  Juftices  of  the  Peace  be  of  the 

ommons*         «  bed  of  every  County  ;   and  that  upon  the  difplacing 

'  any  of  them,  others  be  put  in  at  the  Nomination  of 

*  the  Knights  of  the  faid  County  ;  that  they  fit,  at  leaft, 
'  four  Times  every  Year,  and  that  none  be  difplaced 

*  but  by  the  King's  fpecial  Command,  or  the  Teftimony 
«  of  his  Fellows h. 

King.  This  firfl  Petition  is  reafonable,  and  the  King 
will  fee  that  it  be.  done. 

r  2g,  -i  Commons.  '  That  the  Surplufage  of  the  Fines  of  the 
<  Statute  of  Labourers  may  be  intirely  diftributed  among 
'  the  Poor  of  the  whole  County,  and  not  to  poor  Towns 
'  only. 

King.  It  fnall  be  parted  among  the  poor  Towns  only. 

Commons.  *  That  the  Writ  of  Eftreat  may  lie  in  every 
c  Action  where  the  Party  (hall  recover  Damages  of 
'  Eftreats  after  the  Writ  purchafed. 

King.  The  old  Law  Jhall  be  continued. 

Commons.  c  That  Remedy  may  be  had  In  fuch  Cafes 
c  where  the  King  receiveth  the  Profits  of  the  Ward's 
'  Lands,  as  well  of  Soccage  as  otherwife,  where  no  Part 

*  of  the  fame  is  holden  ot  him. 

King.  The  Law  heretofore  ufed  Jhall  continue. 

Commons.  '  That  it  may  be  ordered  whether  the  Te- 
4  nants  of  fuch  as  hold  by  Barony,  and  are  fummoned 
'  to  Parliament,  (hall  contribute  to  the  Payment  of 
'  Knights'  Fees  coming  to  Parliament. 

King.  As  heretofore^  fa  the  fame  foallbe. 

Commons.  l  That  prefent  Pay  be  made  of  all  Purvey- 
'  ances,  being  under  2Qs.  and  of  greater  within  one 
«  Quarter  of  a  Year,  and  that  Purveyance  be  made 
'  without  Malice. 

King.  It  is  good  to  make  Payment  according  to  the  firft 
Point t  und  to  redrefs  the  fecond.  Com- 

h  This  Petition  and  Anfvver  is  not  in  Barnes,  but  is  on  the  Rolls, 


^ENGLAND.  303 

Commons.  '  That  all  Sheriffs  be  charged  to  make  pre-  &•  Edward  HI* 
<  fent  Payment  for  all  Purveyances  for  Calais. 

King.  The  Demand  is  reafonable. 

Commons.  '  That  any  one  attainted  upon  a  Writ  of 
'  Oyer  and  Terminer  may  bring  his  Attaint,  pending  his 

*  Suit  againft  the  other. 

King.  The  Lords  will  not  alter  the  Order  of  the  Law. 
Commons.  *  That  the  Lords  of  the  Marches  of  Wales 

*  do  fuffer  no  Diftrefles  to  be  made  on  any  Englishmen 

*  coming  into  Wales,  for  any  other  Men's  Debts,  if  he 

*  be  no  Debtor,  Trefpafler,  or  Surety. 

King.  As  heretofore,  fo  the  Law  Jhall  be. 

Commons.  <  That  no  Inqueft  upon  Confpiracy,  Con-      r  28-  1 

*  federacy,  Maintenance,  or  fuch-like,  be  returned,  but 
'  by  the  Sheriff,  of  the  moft  lawful  Men,  and  nigheft  in' 
«  that  Part  of  the  Country  where  fuch  Ads  are  laid ; 

*  that  all  Evidences  therein  be  given  openly  at  the  Bar, 
'  and  that  no  Man  fpeak  with  the  Jury  after  they  depart 
'  therefrom. 

King.  This  la  ft  Petition  is  agreed  to. 

Commons.  *  That  the  King  will  appoint  a  Time  when 

*  the  Coin  (hall  be  made  finer  h. 

King.  With  Opportunity  the  King  meaneth  the  fame. 

Commons.  «  That  the  King  have  the  Forfeitures  of 
e  Widows  Dowagers  j  but  not  of  fuch  as  hold  jointly . 
'  with  their  Hufbands. 

King.  The  old  Law  ft) all  Jl and. 

Commons.  *  That  the  Writ  of  Appeal  brought,  pending 

*  another,  may  abate  the  other. 

King.  The  Common  Law  therein  ufed  /hall  continue. 

*  Com- 

h  Now,  for  the  better  underftanding  of  this  Petition,  it  is  to  be  noted, 
that,  about'  four  Years  before  this,  William  Edir.don,  Bifliop  of  Wincbefter, 
the  Lord-Treafurer  of  England,  had  caufed  Groats  and  Half-Groats  to  be 
coined,  to  the  People's  great  Difadvantage  $  for  they  wanted  fomething  of 
the  jurt  Sterling  Weight.  This  occafioned  the  Price  of  all  Things  to  be 
very  much  enhanced;  whereupon,  at  the  Commons' Complaint  now  in 
Parliament,  the  King  promifed  to  redrefs  their  Grievance  the  firft  Op- 
portunity. Yet  however,  many  Times  after  thofe  Days,  the  like  Practice 
had  been  ufed,  infomuch  that  now  Five  Shillings  fcarcely  contain  fo  much 
Silver  as  five  Groats  had  three  or  four  Hundred  Years  ago  ;  fo  that  it  is  no 
Wonder,  if  Things  be  fold  at  treble  the  Price  which  they  held  at  that 
Time.  For  hereby  a  lib  it  comes  to  pafs,  that  the  Prince  and  Nobility  can- 
not poffibly  maintain  their  Eftates  with  their  antient  Rents  and  ftevemi'i, 
becaule,  trio'  they  bring  them  in  the  old  Tale  and  Number,  yet  they  fall  fur 
fhort  in  the  due  Weight  and  Quantity  of  Met.il.  £tin:es's  Edtcardlll. 

See  Hollingjhead':  Eitg.  Cbrtn.  p.  948.  Allb  Ccrfw/Vs  Catalogue  tf  Bi- 
Jbopt,  p.  234. 


304  'The  Parliamentary  HISTORY 

K,  Edward  III.  Commons.  '  That  Weights  and  Meafures  may  hence- 
'  forth  be  made  in  the  City  of  London,  fo  as  all  Counties 
'  do  conform  themfelves  according  thereto. 

King.  There  is  a  Standard  in  the  Treafury,  where 
every  Man  readily  may  have  the  fame. 

Commons.  '  That  the  Writs  of  Chancery  may  be  at 
«  reafonable  Prices  ;  and  that  the  Clerks  of  the  Crown, 
'  and  others  for  Commiffion  and  fuch-lilce,  do  content 
"f  286  ]  '  themfelves  with  the  King's  Allowance. 

King.  As  heretofore  the  fame  J})all  be. 

Commons.  '  That  Fines  for  Writs  may  be  reafonably 
'  made  in  every  of  the  King's  Courts. 

King.  The  Chancellor  Jhall  do  as  heretofore. 

Commons.  '  The  Commons  beyond  the  Trent  require 
4  that  the  Juftices  of  the  one  Bench  or  of  the  other,  may 
'  yearly  come  twice  amongft  them,  for  taking  Cogni- 

*  zance  of  Fines  and  Letters  of  Attorney  of  the  Unable. 

King.  The  King  will  be  advifed. 

Commons.  *  That  Labourers  may  take  Corn  for  their 
«  Wages. 

King.  The  Statute  made  faall  be  obferved. 

Commons.  '  That  the  Staple  may  always  continue  in 
<  England. 

King.  The  fame  Jhall  fo  continue  till  the  next  Parlia- 
ment, not  to  be  altered  without  the  djjent  of  the  Parliament. 

Commons.  '  The  Merchants  Strangers  require,  that 

*  the  Ordinances  of  the  Staple  may  be  executed  fpeedily. 

King.  The  King  willetb  the  fame. 


As  it  has  been  ever  found  that  neither  Peace  nor 
the  Truce,         Truce  can  be  had  from  the  French  which  they  will 
not  break  at  their  firft  Conveniency  ;  fo  now,  the  Treaty 
of  Peace  being  ended  ineffectually  between  the  two 
Crowns,  Prince  Edward  was  fent  over  again  with  a 
powerful  Army,  the  next  Spring,  who  took  manyTowns, 
and  burnt  and  ravaged  the  Country  in  a  terrible  Man- 
.     ner.     In  Summer  the  King  went  in  Perfon,  and  he  was 
£  287  ]     carrying  on  his  Conquefts  very  faft,  when  a  Diverfion 
was  made  in  Scotland,   a  Parly  of  Scots  having,    by  Sur- 
And  the  Scots  prize,  taken  the  important  Town  of  Berwick,  and  made 
Revolt.  fome  Inroads  into  England. 

Before  the  King  went  over  into  France,  he  fent  out 
bis  Writs  of  Summons  for  a  Parliament  to  meet  on  the 

1  2th 


of   E  N  G  L  A  N  D.  305 

12th  of  November  following;  about  which  Time  Edward,  K.  Ed-ward  III. 
being  at  Calais,  heard  of  the  Lofs  of  Berwick,  and  pre-  AnnoRcgni  agt 
pared  himielf  not  only  to  meet  his  Parliament,  but  to  re-        ,35S. 
cover  that  Town  :  However,  it  was  not  till  the  25th  of 
that  Month  that  he  could  get  to  Wejlminfter,  to  which 
Time  the  Parliament  had  been  put  off,  by  feveral  Ad- 
journments.  Being  at  length  all  aftembled,  the  Lord  Chief 
Juftice  Sharejhall  told  them,  That  it  was  his  Majefty's 
Pleafure  that  Sir  Walter  Manny  (hould  declare  to  them 
the  prefent  State  of  the  King's  Affairs,  being  beft  able  to 
do  it ;  and  he  accordingly  deliver'd  himfelf  to  this  Effect1*. 
«  He  firft  gave  them  an  Account  of  the  late  Treaty 
'  before  the  Pope,  and  how  it  had  been  broke  off  by 

*  the  Obftinacy  of  the  French  Commiflioners :  That, 
«  in  order  to  conclude  a  Peace,  he  had  fent  the  Duke 

*  of  Lancajhr,  with  others,   to  the  Pope's  Court  at  red. 
'  Avignon  ;  and  that,  during  his  Stay  there,  the  King  of 

'  Navarre  had  complained  to  the  faid  Duke  of  fundry 

*  Damages  done  to  him  by  the  French,    and  affirmed, 
'  upon  Oath,  that  he  would  willingly  enter  into  a  League 
4  with  the  Englijk  againft  them  ;  and,  for  Affurance  of 
'  the  fame,  engaged  himfelf  to  meet  his  Majefty  at  the 
'  Ifland  ofjerfey  with  as  great  Power  as  he  could  raife: 
'  That  the  King,  upon  the  Return  of  the  faid  Duke, 
'  and  Knowledge  of  the  Affair,  with  a  great  Army  and 
'  Navy,  fet  Sail  from  the  River  Thames  towards  Jerfey  ; 

*  but,  beina;  beat  back  by  contrary  Winds,  he  was  driven, 
'  with  much  Hazard,  into  Portfmoutb,  where  he  ftaid  till 

*  he  was  credibly  informed  that  the  faid  King  of  Navarre 

*  had  actually  made  his  Peace  with  the  Enemy  of  France. 

*  Upon  hearing  alfo   that  the  French  was  marching  a 
'  ftrong  Army   towards  Calais,   the   King  went  over 
'  thither,  in  Hopes  they  would  give  him  Battle,  accom- 
'  panied  with  his  own  Army,  and  joined  there  by  the 
'  Forces  of  his  German  Allies :  That,  on  All- Souls'  Day 

'  laft  paft,  the  King  marched  towards  the  Enemy  and     [  2gg  J 
c  offered  them  Battle,  which  the  Enemy  took  all  Ways 

*  pollible  to   avoid,  whereupon  the  King  wafted  and 
'  ipoiled  the  Country  ;  but  rinding  his  Army  to  languifli 
'  for  want  of  Provifions,  was  obliged  to  return  back  to 
'  Calais,  where  he  paid  off  his  mercenary  Troops,  and 

*  came  hither  to  meet  his  Parliament.' 

VOL.  I.  U  After 

a  He  is  called,  in  the  Record,  Monf,  tfauter  de  Manny. 


306  The  Parliamentary  HISTORY 

K.  Edward  III,  After  this  Speech  was  ended,  the  Lord  Chief  Juftice 
addrefled  himfelf  to  the  Commons  to  this  Purpofe  :  4  He 
required  them  to  weigh  and  confider  well  the  King's 
unwearied  Conftancy  in  labouring  for  their  Defence  ; 
that  he  was  now  ready,  alfo,  to  repell  the  Infolence  of 
the  Scots^  who  had  furprized,  in  his  Abfence,  the  Town 
of  Berwick,  as  he  had  been  inform'd  :  He  defired  them 
therefore  to  confider  how  he  might  be  enabled  not  only 
to  fubdue  entirely  that  ftubborn  People,  but  alfo  how  to 
attain  an  advantageous  Peace  with  France  ;  which  he 
much  wifti'd  for,  to  his  own  Honour  and  their  Quiet  and 
Benefit.'  He  concluded  with  giving  them  Time  till  Fri- 
day  following  to  bring  in  their  Anfwer,  and,  in  the  mean 
•while,  to  prepare  their  Bills  and  Petitions  to  be  laid 
before  the  King  in  Parliament. 

On  the  Day  appointed  the  Commons  came  into  the 

Whereupon  the  White  Chamber,  at  Wejlminjler-,  and,  having  had  a  fhort 

ScTsupSr? Conference  with  the  Lords,  in  the  King's  Prefence,  they 

'  unanimoufly  granted  the  King  the  Subfidy  on  Leather, 

Wooll,  and  Wooll  fells,  for  fix  Years  to  come ;  provided 

that  no  other  Impofition  or  Charge  be  laid  upon  them 

during  that  Term.     This  Tax  was  no  lels  than  50 s.  on 

each  Sack  of  Wooll  that  fhould  be  exported;  by  which 

fole  Grant,  fays  an  Author,  the  King  was  able  to  expend 

jooo  Marks  a-day,  on  a  juft  Calculation,  there  being 

no  lefs  than  100,000  Sacks  yearly  exported  by  the  En- 

glifo  Merchants  in  thofe  Days  '. 

Petitions  of  the  Commons,  ^vith  their  Anfwers. 

And  die  Com-       Petition.  '  That  the  Great  Charter,  and  the  Charter 

mons  prefentfe-*  of  the  Foreft,  in  all  Points,  fhall  be  kept :  That  the 

veral  Petitions.   <  Statute,  that  the  Staples  fhall  always   be  within  the 

f  280  1      '  Realm,  fhall  be  obferved  :  That  the  Statute  made  for 

°         e  yearly  removing  Sheriffs  b^  obferved  :   And  that  the 

*  Statute  made  for  Purveyors  be  kept. 

Anfwer.  The  King  willeth  the  fame. 
Petition.  *  That  whereas  the  Commons  have  granted 
'  to  the  King  40*.  of  every  Knight's  Fee  in  Aid  to  make 

*  his  Son  a  Knight,  the  Exchequer  demandeth  the  fame, 
'  as  well  of  Meihe  Lords,  as  of  the  Tenants  in  Demefne, 
'  againft  Reafon  ;  wherefore  they  pray  Remedy. 

Anfwer.  The  right  Ufe  of  the  Exchequer  is  to  be  kept. 

Petition. 

»  HoIlingJbeacTsCbron.  p.  383. Stnoe  fays  the  faid  Grant  extended 

•nly  to  1 50,000 /.  Sterling,  p,  255. 


of  E  N  G  L  A  N  D.  307 

Petition.  *  That  no  Man's  Land,  being  bought  in  theK,  Edward  IIIt 
'  Time  of  Henry  III.  which  was  before  the  Statute  of 

*  Prerogative,  may  be  feized  into  the  King's  Hands  by 

*  Efcheators  d. 

Anfwer.  Let  ibis  be  more  particularly  declared  to  the 
Kin*. 

Petition.  *  That  the  Juftices  of  the  Peace  may  deter- 
'  mine  Weights  and  Meafures. 

Anfwer.  The  Statute  made  Jhall  be  obferved.  Such 
*Jufticc$  Jhall  make  no  Deputies;  neither  Jball  the  Sheriff^ 
Coroner ,  or  fuch-like^  be  a  Ju/lice. 

Petition.  '  That  the  Points  of  Confederacy  may  be 
c  declared,  confidering  how  the  Judges  judge  rafhly 
'  thereof. 

Anfwer.  None  Jhall  be  punijhed  for  Confederacy^  but 
where  the  Statute  fpeaketh  exprejly  upon  the  Point  con- 
tained in  the  Jame  Statute. 

Petition.  *  That  the  Juftices  of  Goal- Delivery,  on 

*  an  Indictment  of  the  Coroner  coming  before  them, 
'  may  award  the  Exigent. 

Anfwer.  The  old  Law  Jhall  Jl and. 

Petition.  '  That  fuch  Perfons  of  the  far  North 
'  Countries,  as  upon  Appeals  join  Iflue  on  Good  or  Evil, 
'  may  try  the  fame  by  Nift  Prius ;  confidering  that  the 
'  Jury  will  not  appear  in  the  King's  Bench. 

Anfwer.  The  old  Law  ufed  Jhall  be  kept. 

Petition.  '  That  Remedy  may  be  had  againft  fuch  as, 

*  to  defraud  their  Creditors  before  Judgment,  do  convey 

*  away  their  Lands  and  Goods. 

Anfwer.  The  Statute  therefore  made  Jhall  be  obferved. 

Petition.  «  That  Writs  of  Attaints  may  be  had  of     C  29°  3 

*  Verdicts  given  in  other  Courts. 

Anfwer.  The  old  Law  Jhall  be  obferved. 

Edward  being  thus  enabled  by  this  laft  great  Aid  to 
purfue  his  Enterprizes,  and  the  Parliament  having  dif- 
patched  the  King's  Bufmefs  and  their  own,  and  all  in 
the  Space  of  four  or  five  Days,  they  broke  up,  and  the 
King  marched  immediately  for  Scotland,  where  he  foon 
retook  Berwick,  and  performed  feveral  other  martial 
Exploits  in  that  Kingdom,  not  to  our  Purpofc  to  relate. 
U  2  There 

•1  Sec  before,  p,  147,  et  f 


•308  "The  Parliamentary  HISTORY 

K.,  Ed-ward  ill.  There  is  fome  Mention  of  a  Parliament's  being  called 
to  fit  at  Wejlminjler  in  our  Statute- Books,  31  Edw.  III. 
Anno  1357,  though  the  Records  are  altogether  filent 
about  it ;  wherein,  for  the  King's  Pardon  to  the  Com- 
mons, for  the  Efcapes  of  Felons,  &fc.  a  Fifteenth  was 
granted.  Here  are  alfo  feveral  Statutes  and  Ordinances 
relating  to  the  Herring  and  other  Fifheries  e. 

We  have  alfo  met  with  a  very  ftrange  Call  of  a  Par- 
liament by  this  King's  Writs,  in  the  34th  of  his  Reign, 
Anno  1359,  and  during  the  hotteft  Part  of  his  French 
Wars,  to  meet  and  fit  to  do  Bufmefs  at  different  Cities 
and  Towns  in  the  Kingdom,  and  near  at  the  fame  Time. 
The  Occafion  of  fummoning  thefe  different  Meetings, 
which  is  a  Circumftance  very  rare,  if  not  a  fingle  In- 
ftance,  feems,  by  the  Tenor  of  the  Writs,  to  be  for  get- 
ting Money  to  pay  the  Militia  then  raifing,  in  order  to 
repell  an  Invafion  then  threatened  from  France.  And 
becaufe  the  whole  Body  of  the  Commonalty  could  not  fo 
fpeedily  be  drawn  together  to  one  Place  as  the  Occafion 
required,  therefore  Meetings  of  the  Knights,  Citizens, 
and  Burgeffes  were  appointed  at  Wejlminfler,  Worcejler^ 
Lincoln^  Taunton,  Leicefter,  &c.  and  the  Sheriffs  were 
directed  to  return  them  accordingly  f.  There  is  not  a 
Word  of  this  ftrange  Call  entered  on  the  Rolls  of  Par- 
liament ;  nor  can  we  learn  what  Monies  were  raifed,  or 
what  other  Bufmefs  was  done  at  thefe  Meetings ;  yet 
that  there  were  fuch,  is  indubitable  from  the  Authorities 
below  recited. 

Next  follow  what  is  call'd,  in  the  Manufcript  we  quote 
from,  CommiJJlo Delegatorum  Pr&fidenti urn  «/>«JWygorn. 
to  the  Commifiioners  that  were  to  prefide  at  this  Meet- 
ing. 

Rex  dile&is  et  fidelis  fuis — —  Epifcopo  Wygorn. 

Abbate  de  Evejham,  Ricardo  Com.  Arundele^ 

Willielmo  de  Sharejball,  Salutem. 

/^U '  M  nuper,  tarn  ante  PaJ/agium  nojlrum  ad  Paries 

Francie  quam  pojl  audito  quod  Inimici  noftrl  in  diver/is 

Partibus  ad  invadendum  bcfliliter  Regnum  nojlrum^  in 

Ab- 

e  See  Hawkins's  Edition  of  the  Statutes  at  large,  p.  273,  &c. 

f  Pro  eo  quod  tota  Communitas  Regni  in  uno  Loco,  in  bre'vi  Tempore,  con- 
venire  rtcn  potejl,  Miliies,  Gives,  et  £urgenfes  fut;:moniti  fucrunt-ad  Weft- 
pionafterium,  Wygorniam,  Taunton,  &(. 


of   E  N  G  L  A  N  D.  309 

Abfentia  noftra,  tarn  per  Terrain  quam  per  Mare^  fe  pa-  K.  Edward  ill. 
rarunt,  pro  Periculis,  qua  ex  hoc  nobis  et  ditto  Regno 
nofiro  evenire  pojfint,  evitandum,  per  nos  et  Concilium 
no/irum  ordinatum  fuijjet  quod  certa  Arraicio  Hominum 
ad  Arm  a  et  Sagittarum,  per  cert  as  Ft 'deles  nojlros  ad  hoc 
depuiatos  in  fingulis  Comitatibus  ejujdem  Regni  fiat\  ita 
qusd  dicJi  Homines  ad  Arma  et  Sagittarum,  bene  arraiati 
et  muniti,  prompti  Jlnt  et  parati  ad  proficij/endum  in  Ob- 
fequitim  noftrum  pro  Salvatione  et  Defenjione  dicJi  Regniy 
contra  dittos  Hojies  no/tros,Ji  idem  Regnum  noftrum  inva- 
der e  prefumerint. 

Et  quod  tota  Commiinitas  ejufdem  Regni,  &c.  ut  antea. 
Tefte  Rege  apud  Weftmonajierium  10  Die  Feb. 

To  appear  at  Worcejler  on  the  Wednefday  next  before 
St.  Cutbbert-y  at  Wefiminfter*  on  the  Monday  before  St. 
Gregory,  &c.  At  the  fame  Time  Writs  were  direfted 
to  the  Sheriffs  of  different  Counties  neareft  their  Places 
of  Meetings. 

About  this  Time  our  general  Hiftories  are  fufficiently 
taken  up  with  the  Recital  of  the  Victories  obtained  by 
the  Black  Prince  over  the  French  ;  efpecially  that  of  the 
Battle  of  Poifiiersy  where  the  whole  French  Army  was 
entirely  defeated,  and  their  King  (John)  taken  Prifoner 
by  this  martial  Hero.     The  Englijh  Court  was  now  in 
its  greateft  Splendour,  having  two  Kings  Prifoners  acThe  Kinss  °f 
the  fame  Time.    David  King  of  Scotland  had  been  van-  EjbS'tSw 
quifh'd  and  taken  Prifoner  by  a  Woman ;  Queen  Phi-  Prifoners. 
lippa,  in  her  Huiband's  Abfence,  having  performed  that 
Exploit  at  the  Battle  of  Durham,  and  fhewed  herfelf 
worthy  to  be  the  Wife  and  Mother  of  fuch  a  Hufband 
and  fuch  a  Son. 

In  the  Year  1360  King  Edward  kept  his  Chriftmas  Anno  Regni  35. 
ti.Hfo»dftotk  in  great  Splendour;  and  on  the  25th  of        »36l« 
"January,  the  next  Year,  he  met  a  regular  Parliament  at  MWtfimi*fttn 
Wejlminjler,  which  had  been  fummoned  to  appenr  there 
about  two  Months  before.     Here  the  Articles  of  Peace,  £P«ce  with 
concluded  between  John  King  of  France  and  the  King 
of  England^  were  communicated  to  the  whole  Affembly, 
U   3  and 

g  Pat.  34Edward  III.  p.  I.  in,  30.  dorfo. But  this  was  transcribed 

from  a  Manufcript  Volume  of  Mr  Hymer's  collecting  :  There  are  59  of 
them,  of  which  fee  a  Cat Jogue  in  the  fcedtra  Anglicana,  Tom.  XVII. 
'Jhsy  are  cow  all  repofitcd  in  the  Britijh  Muj<gum)  Vol.  IX,  N°,  j,  z,  3. 


gio  The  Parliamentary  HISTORY 

K.  Edward  III.  and  both  Lords  and  Commons  were  highly  fatisfied  with 
the  King's  Conduct  in  the  Affair.  Thefe  Articles,  40 
[  291  ]  in  Number,  are  to  be  found  in  Brady,  Tyrrel,  and  other 
Hiftorians,  but  are  not  any  Thing  to  our  Purpofe :  By 
thefe  Means,  however,  the  French  King  was  releafed 
from  an  Imprifonment  of  four  Years,  and  was  honour- 
ably fent  back  to  his  own  Country  g. 

The  Manner  of  The  Ceremony  of  the  Swearing  to  keep  this  Peace, 
Swearing  to  the  by  the  Kino;*  Lords,  and  Commons,  beino-  fornewhat 
°efeofanCe  fag"1^  deferves  our  Notice.  On  the  laft  Day  of  Janu- 
ary t  the  Archbifhop  of  Canterbury  celebrated  the  Mafs 
of  the  H-cly  Trinity,  in  the  Abbey  Church  at  Weftmln- 
JJer,  with  great  Solemnity ;  the  King,  Prince,  and  the 
whole  Body  being  prefent  at  it.  In  this  Mafs,  fays 
Barnes?  there  was  this  fmall  but  comprehenfive  Text  of 
Scripture,  Brethren  rejoice,  be  perfeR,  be  of  good  Com- 
fort>  be  of  one  Mind  ;  live  in  Peace,  and  the  God  of  Love 
and  Peace  Jhall  be  with  you,  &c.  After  which,  the  King 
and  his  Sons  (landing  up  before  the  French  Hoftages, 
Torches  being  lighted,  and  CrofTes  held  over  the  Eu- 
charift  and  Mlffal,  the  Peers  took  the  Oath,  which  they 
read  from  certain  Papers  or  Scrolls,  held  in  their  Hands, 
and  figned  by  themfelves  ;  the  Archbifhop  beginning  in 
this  Manner,  We  Simon,  Archbijbop  of  Canterbury,  do 
fwear  upon  the  Hsly  Body  sf  our  Lord  and  his  Holy  Go- 
fpel,  firmly,  as  much  as  in  us  lies,  to  keep  the  Peace  and 
Concord  agreed  on  betwixt  the  -ituo  Kings,  and  to  do  no- 
thing contrary  thereto.  This  being  done,  every  Man,  as 
he  took  the  Oath,  delivered  up  his  Scroll  to  the  King's 
Notaries,  to  be  laid  up  as  Witneffes  to  Pofterity.  The 
French  King  caufed  his  Eftates  and  Lords  of  Parliament 
to  fwear  to  the  Peace  in  like  Manner ;  then  both  Kings 
fent  their  Ambaffadors  to  the  Pope  for  the  Apoftolical 
.•.*  in--,*  ".  Sanction- to  it ,  and  thus,  at  laft,  this  long,  expenfive, 
:  "£  and  bloody  War,  was  terminated  by  a  Peace,  as  fully 
eftablifhed.  fays  'Barney  as  ftrongly  bound  on  Earth,  as 
human  Wifdom,  or  Authority,  could  devife  or  lecure. 

The 

8  In  this  Parliament  the  King  reftored  the  Poficffions  of  the  Alien  Mo- 
naileries  to  them  again,  which  he  had  taken  into  his  Hznds  at  the  Cegin- 
ning  of  the  French  War,  above  20  Years  before  A  ''are  Example.  : 
Hiftorian.  of  Juftice  in  this  Kiog,  it  being  feldom  known  that  a  Piince 
will  part  with  any  Thing  he  hath  once  gotten.  Sam.  Daniel  in  Ketmef, 
p,  2z8. 

It  feems  this  Parliament  was  only  called  to  ratify  this  Peace,  for  it  is 
not  entered  on,  the  Rolls. 


^ENGLAND.  311 

The  Nation  beginning  now  to  enjoy  the  Fruits  ofK- -E'</wWIIr' 
Peace,  the  King  called  another  Parliament,  to  meet  at     [  Z92  ] 
Weflmlnfter  on   the    I3th  of  Oftober  the  next  Year ;  Anno  Regni   6f 
where  all  the  Peers  were  exprefly  commanded  to  appear 
in  Perfon,  and  not  one  Proxy  permitted.     This  Sefiion 
lafted  a  full  Month  *> ;  in  which  Time,  fays  Barnes,  he 
made  more  good  Laws,  and  beftowed  more  A6ts  of 
Grace  upon  his  People,  than  fome  other  Kings  have 
done  in  their  whole  Lives. 

The  Caufes  of  this  Affembly  were  declared,  by  the 
Lord  Chief  Juftice,  then  Sir  Henry  Green,  to  be,  '  For 
'  the  Redrefs  of  Matters  relating  to  the  Church  ;  for 
*  Obfervation  of  the  Peace ;  for  fettling  Affairs  with 
'  Scotland ;  and  for  enhanfmg  the  Price  of  Wooll.'  All 
which  were  then  very  well  ordered,  as  may  be  feen  in  the 
Records  and  printed  Statutes  of  this  Year.  The  Staple 
of  Woolls  was  appointed,  tho'  not  by  exprefs  Statute, 
yet  with  the  Confent  of  both  H6ufes,  to  be  removed 
from  London  to  Calais.  For  we  find,  by  the  Records,  The  Staple  re-' 
that  when  the  Lords  were  commanded  to  ipeak,  '  What  moved  to  Calais. 
«  they  thought  of  the  Merchants  removing  to  Calais  ?* 
They  all  agreed,  '  That  it  feemed  to  them  to  be  a  Mat- 
'  ter  very  profitable  to  the  Realm.'  The  Commons, 
indeed,  demurred  a  little  at  the  firft,  till  they  could  talk: 
with  fome  Merchants  about  it ;  but,  at  laft,  they  com- 
plied with  the  Lords  alfo.  Whereupon  the  King  fent 
over  twenty-fix  of  the  ableft  and  moit  confiderable  Mer- 
chants in  the  Kingdom,  to  hold  the  Staple  there  for  three 
Years.  Thefe  Merchants  were  alfo  ordered  to  keep 
and  defend  the  Town,  every  Man  having  a  Guard  of  fix 
Men  at  Arms  and  four  Archers  at  the  King's  Charge. 
Befides  the  Mayor  of  the  Town,  the  King,  by  his  Char- 
ter, conliituted  another,  called  the  Mayor  of  the  Staple 
of  Calais  ;  the  King  being  to  receive  2OJ.  and  the  afore- 
faid  Merchants,  Wardens  of  the  Town,  40^.  more,  as 
Cuftom,  on  every  Sack  of  Wooll  there  bought. 

The  Petitions  of  the  Commons  in  this  Parliament 
begin  with  fuch  a  remarkable  Preamble,  that  we  can't 
avoid  giving  our  Readers  a  Trariflation  of  it  from  the 
Record  it  (elf,  to  fliew  the  Humility  of  that  Body  in 
thofe  Days. 

'To 

g  This  is  almofl  the  f;rfl  Time  that  we  could  ascertain  the  Length  of 
a  Seffioa  of  ljurli.nient  in  thofe  Dtjs, 


3 1 2  The  Parliamentary  HISTORY 

K.  Edward  III.  <  To  our  Thrice-renown'd  and  Thrice-gracious  Lord 
<  the  King,  his  poor  and  fimple  Commons0  befeech  him 
«  that  he  would  pleafe,  out  of  his  great  Grace  and 
«  Kindnefs,  to  have  Regard  to  all  the  Grants,  Charges, 
'  and  Damages,  which  his  faid  Commons  have  fuffered 
'  in  his  Time,  in  order  to  pleafe  and  fatisfy  his-High- 

*  nefs  ;  and  alfo  the  feveral  Mifchiefs  that  have  befallen 

*  the  faid  Commons,  by  divers  Plagues  of  Winds,  Wa- 

*  ters,  and  Mortality  of  Men  and  Beafts,  and  to  grant, 
4  in  Relief  of  the  poor  Eftate  of  the  faid  Commons,  the 

*  Petitions  following : 

Firjl,  «  That  the  Great  Charter,  Charter  of  the  Fo- 
e  reft,  &c.  fhould  be  confirmed  ;'  with  thirty  four  other 
Petitions,  too  long  to  give  by  any  but  a  particular  Wri- 
ter of  this  King's  Reign. 

Pleadings  at  Law      In  this  Parliament  was  parted  that  remarkable  Statute, 

ordered  to  be  no  c  That  all  Pleadings  and  Judgments  in  the  Courts  of 

buUnf//^'4  W'Jlmi"Jltr  (hould  be,  for  the  future,  in  Englijh,  but 

'  entered  and  inrolled  in  Latin*    whereas,  before,  they 

were  wont  to  be  in  the  French  Language,  ever  fmce  the 

Time  of  the  Conqueror.  It  was  alfo  ordain'd,  That  all 

r  205  ]      School- Mailers  {hould  teach  their  Scholars  to  conftrue 

in  Englijh,  and  not  in  French,  as  they  had  hitherto  ufed  f. 

Here  alfo  it  was  enacted,  That  neither  Gold  nor  Silver 

ftould  be  ufed  in  Apparel,   Knives,  Girdles,  Chains, 

Rings,  or  other  bodily  Ornaments,  by  any  Man  who 

could  not  fpend  io/.  a-year;  and  that  none,  who  could 

not  fpend  loo/,  a-year,  fhould  prefume  to  wear  Silks, 

Furs,  or  other  precious  Garments  s. 

On 

c  Pcure  et  Jimple  Commune,  &c. 

f  Hallingjhead 's  Citron,  from  Caxton,  p.  396.  This  was  made  on  a  Peti- 
tion of  the  Commons,  That  the  Subject  might  underftand  the  Law,  by 
•which  be  holds  tvbat  be  tatb,  and  is  to  undcrjiar.d  what  be  doth,  Daniel 
in  Kennet,  p.  229. 

But,  adds  that  Author,  though  this  is  an  excellent  Aft,  and  worthy  fo 
great  a  Prince,  yet  he  had  deferved  greater  Honour  if  he  could  have  freed 
the  Law  from  thofe  Difficulties  and  Myfteries  which  render  it  a  greater 
-Affliction  to  the  People  than  a  Remedy. 

g  Moreover  it  was  enabled,  That  no  Hufbandmen  or  Labourers  mould 
«fe  any  coftly  or  dainty  Difhes  at  their  Tables,  and  eat  but  one  Meal  a-day. 
But  thefe  Sumptuary  Laws  had  little  or  no  Effect.  Hollingjbead,  p.  396. 

This  Statute  affected  the  Clergy  in  their  Habits,  as  well  as  others.  Co/- 
licr's  Hifi,  p.  559,  from  Adam  Myrimuth. 

And  as  provident  was  this  King  for  ordering  and  fecurinp  of  his  own 
Treafure,  committing  the  Cuftody  of  it  to  Confcience  and  Religion  :  For, 
by  a  Certificate  lent  to  Pope  Urban,  Anno  Regni  36,  concerning  Pluralities, 

uM 


of   ENGLAND.  313 

On  the  laft  Day  of  the  Parliament's  fitting,  the  Peti-  K«  E*«*rd  "* 
tions  of  the  Commons  being  granted,  they  unanimoufly 
gave   the  King  265.  8  d.  on  every  Sack  of  Wooll, 
for  three  Years,  befides  the  former  Subfidy  on  Wooll- 
fells  and  Skins.    And  now,  Bufmefs  of  that  Kind  being 
concluded,  the   aforefaid  Sir  Henry  Green  declared  to 
both  Houfes,  *  That  the  King,  being  then  arrived  at  the 
50th  Year  of  his  Age,  intended   to  keep  it  as  a  Ju- 
bilee, and  to  pafs  feveral  Acts  of  Grace  and  Mercy  to 
to  his  People ;  he  therefore  granted  a  general  and  fpecial  A  General  ASt. 
Pardon  for  all  Crimes,  Treafon   itfelf  not  excepted,ofPardonPafs'd» 
without  any  Fine,  or  paying  of  Fees  for  the  Seal ;  and 
fet  all  Debtors  to  the  Crown,  and  Prifoners  for  crimi- 
nal Matters,  at  Liberty.'     The  King  alfo  confirmed     [  294  ] 
Magna  Charta  ;  which  was  confirmed  no  lefs  than  ten 
feveral  Times  in  this  Reign.     Then  the  faid  Lord  Chief  ai 
Juftice  declared,  that  the  King  created  his  fecond  Son,fum' 
Lionel,  Duke  of  Clarence  ;  which  Title  he  took  in  Right 
of  his  Wife,  who  was  defcended  from  the  Earls  of  Ctare, 
a  Town  and  Caftle  of  Suffolk.     Alfo,  the  King  created 
his  Son,  John,  Duke  of  Lancafter^  in  Right  of  his  Wife, 
who  was  Daughter  and  Heirefs  to  the  laft  Duke  Henry ; 
and  Edmund,  his  fifth  Son,  Earl  of  Cambridge.     Then, 
having  palled  feveral   Statutes,  very  beneficial  to  the 
Nation,  particularly  one  for  a  Confirmation  of  an  AcV 

made 

and  the  Eftates  of  the  Churchmen,  in  En^LtnJ,  there  were  more  Clergymen 
in  Office  about  the  King,  than  about  any  Prince  in  Chriftendom  befide: 
For,  firft,  Simon  Langbam,  Archbimop  of  Canterbury,  was  Chancellor  of 
England  ;  William  V/ickbam,  Archdeacon  of  Lincifn,  Keeper  of  the  Privy 
Seal  j  David  We  Her,  Parfon  of  Sommerjham,  Mafter  of  the  Rolls  ;  ten  Be- 
ncficed  Priefts,  Civilians,  Matters  in  Chancery  j  William  Mulfe,  Dean  of 
.S>.  Martin  le  Grand,  Chief  Chamberlain  of  the  Exchequer,  Receiver  and 
Keeper  of  the  King's  Tieafure  and  Jewels  ;  William  Afoby,  Archdeacon  of 
Northampton,  Chancellor  of  the  Exchequer  ;  William  Digbton,  Prebendary 
of  St.  Martins,  Clerk  of  the  Privy  Seal ;  Richard  Cbefterftld,  Prebendary 
of  St.  Stephens,  Parfon  of  OundU,  Mafter  of  the  King's  Wardrobe}  J»bn 
fJevonbam,  Parfon  of  Ffnny-Stanton,  one  of  the  Chamberlains  of  the  Ex- 
chequer, and  Keeper  of  the  Treafury  and  Jewels ;  John  Roivjby,  Parfon 
of  Harwich,  Surveyor  and  Comptroller  of  the  King's  Works  j  Tbomat 
1'iriningham,  Parfon  of  AJhby,  Treafurer  to  the  King  for  the  Parts  of 
Caifncs  and  Maiches  of  Calaii }  and  John  Trays,  Treafurer  of  Ireland,  * 
Prieil,  and  benetked  there.  Tbefe  Men,  who  were  deflitute  of  Feminine 
Allurements  to  Exfenct  and  Pomp,  and  de-voted  to  pious  Thriftmefs,  were 
though:  the  f'.tejl  to  be  truftcd  with  bis  Riciet  by  this  wife  King.  Daniel 
in  Kennet,  or  rather  Bift/op  Kennet  on  Daniel. 

If  this  laft  Sutute  mentioned  in  the  Text  and  that  in  the  foregoing  Note 
verc  palled  this  Pailiament,  they  are  not  entered  on  the  Rolls. 

»  This  Aft  is  entered  on  the  Rolls,    Sec  alfo  Statutes  at  large,  36  Ed- 

tVuTt/III.    C.tp.  X, 


L  295  ] 


*rhe  Parliamentary  HISTORY 

•made  in  the  fourth  Year  of  this  King,  for  holding  of 
annual  Parliaments,  or  oftncr  if  Occafion  required  ;  and 
alfo  performed  thofe  Adls  of  Grace,  already  mentioned, 
the  King  diffblved  this  Parliament,  and  fpent  the  reit  of 
the  Year  in  all  Kinds  of  Merriments  and  Diverfions  k. 


The  next  Year  the  King  iflued  out  his  Writs  of  Sum- 
mons, dated  June    10,  for  a  Parliament  to  meet   at 
Anno  Regni  37. IVeftmlnfter,  on  the  6th  Day  of  Qttober  following:  when 
J363-        thete  not  being  a  full  Appearance  of  Members,  the 
At  Weflminfter.  Houfes  were  adjourned  to  Friday  following :   At  which 
Time  Simon  Langbam,  Bifhop  of  Ely,  and  Chancellor 
of  England,  declared  before  the  Lords  the  King's  Rea- 
!     fons  for  calling  this  Parliament  in  the  Englijb  Tongue  !, 
according  to  the  Record.    He  faid,  '  That  the  King  was 
*  defirous  to  know  the  Qrievances  of  his  Subjects ;  and 
'  particularly,  that  he  might,  by  their  Advice,  redrefs  any 
'  Wrongs  that  had  been  don*e  to  Holy  Church  ;  alfo,  to 
'  reform  all  Enormities,  efpecially  about  the  Manner  of 
e.  exhibiting  Petitions  in  Parliament.'     Then  the  Com- 
mons gave  the  King  their  moft  humble  Thanks  for  the 
great  Good nefs  he  had  fliew'd  and  confirmed  unto  them 
the  hft  Parliament;  and  humbly  prayed  '  That  the  King 
would  enjoin  the  Archbifhops,  and  all  other  of  the  Cler- 
gy, that  they  would  put  up  their  joint  Prayers  to  Al- 
mighty God  for  the  Profperity  of  his  Majefty,  in  order 
to  the  Peace  and  good  Government  of  the  Land,  and 
for  the  Continuance  of  his  Majefty's  good  AffecTions 
towards  his  Commons.'     As  for  their  Petitions  to  the 
King,  and  his  Anfvvers  to  them,  they  may  be  feen  in 
Prynnc's  Abridgment,  and  in  *Jofhua  Barnes.   We  do  not 
find  any  Subfidies  were  afked  or  given  this  Parliament; 
and  for  the  Laws  made  in  it,  they  are  alfo  in  the  Statutes 
tt  large. 

It 

*  The  elegant  Italian  Hiftorian  fums  up  thefe  A$s  of  Grace  in  this 
Manner,  Exulci  rc-vscavit,  Pardueiiibits  /"/.>.r.'V,   (.':,/;:;/;'..-£    r,;. •• 
^onditiath  Maleftciorum  Pcenis.     Lcgfs  sli p^t  f.ilittai -es  tuiit ;   l'i'. 
t':m,  a  Major i bus  Populo  irrogata,   q:,.  '        ::;z  Charts  IiKixur.itatei 

•vccitar,  de:r,tc^ro  concept.      Pol.  Veig.  L/?.'xix.  p.  385. 

The  Title  of  the  Statute  is,  De  Pardtn'atione  F'i.ffa  Cetnmam'tati  Anglire. 

The  famous  Cuftom  of  our  Kirgs  wj/ning  the  Feet  and  cloatliing  Ib 
many  poor  Men,  on  Maunday  Iburfdjy,  as  the}1  were  Years  old,  bes.an  now 
ttthjt-yutilee.  Speeds  Cb'rin.  p.  584!  ni.'Perg.'u. 

1  Fe-jrent  nontlrfr  en  Eng'.eys  ;  which  plainly  fhews  that  ail  t'oimer  De- 
•lautions  of  this  Kind  were  mads  in  Frrxil>. 


of    ENGLAND.  315 

It  is  obfervable  that  this  Parliament  continued,  by  K,  Ed-ward  HI. 
Prorogations,  'till  the  36  of  November;  when  the  Lord- 
Chancellor,  in  Prefence  of  the  King  and  both  Houfes, 
declared,  4  That  the  King  was  now  refolved  to  execute 
'  the  Statute  of  Apparel,  and  therefore  charged  them 
'  all  to  promote  the  fame.'  Thefe  Statutes  of  Apparel 
were  made  and  pafled  in  this  Parliament.  They  con- 
fift  of  (even  Articles  in  the  Record,  and  as  many  Chap- 
ters in  the  printed  Statutes.  They  were  to  regulate  the 
Drefs  of  all  Manner  of  People ;  from  Knights  and 
Ladies  of  400  or  200  Marks  a-year,  down  to  Plough- 
men and  Servants,  the  Clergy  not  excepted.  The 
feveral  Editors  of  the  Statutes  at  large  have  not  pre- 
fumed  to  tranflate  any  of  thefe  Articles  out  of  their  ori- 
ginal French^  neither  {hall  we  ;  becaufe  the  Terms  of 
Fafhions  in  thofe  Days  are  not  to  be  rendered  into  any 
other  Language  at  preterit. 

When  all  was  concluded  the  Chancellor  demanded  of  Difference  be. 
both  Houfes,  '  Whether  they  would  have  fuch  Matters tween  an°rdi' 

;.  nance  and  a  Sta- 
'  as  they  agreed  on  to  be  by  way  of  Ordinance  or  of  tute. 

'  Statute  ?   They   anfwered,  *  By  way  of  Ordinance, 

*  that  they  might  amend  the  fame  at  their  Pleafure.'    By 
which  the  Reader  may  obferve  the  Difference  between 
an  Ordinance  and  a  Statute,  the  former  being  looked 
upon  as  a  Temporary,  the  other  as  a  Standing,  Law  k. 

On  the  4th  of  December,  in  the  Clofe  of  the  Year 
1364,  King  Edward  fent  forth  his  Summons  for  a  Par- 
liament to  meet  him  at  Weftminjler,  on  the  Octaves  of 
St.  Hilary,  or  'January  the  2 1  ft,  following.  On  which 
Day,  being  met,  they  were,  by  Proclamation,  adjourned 
to  the  next  Morning  in  the  Painted  Chamber,  there  to 
hear  the  King's  Pleafure.  At  which  Time  Biihop  Lang-  I  29°  ] 
bam,  Lord- Chancellor  of  England,  began  a  long  and 
formal  Harangue,  taking  for  his  Text  that  of  the  Royal 
Prophet,  Faitbfu(  Judgment  doth  adorn  the  Kings  Seat. Anno  Resni  39« 

*  From  whence  he  took  Occafion  to  extol  the  great  Va- 

*  lour  of  the  King  his  Mafter,  and  the  many  Victories 
4  which,  by  God's  Afiiftance,  he  had  gain'd  in  his  Youth; 

*  not  forgetting  the  conftant  and  dutiful  Good-will  and 

*  ready 

fc  In  this  Parliament:  it  was  enacted,  That  Poultry  ihould  be  Told  in  the 
following  Manner;  a  young  Capon  for  3  d.  an  old  one  for  4</.  a  Hen  for 
2  d.  a  Goofe  tor  4^.  This  Parliament  lat  but  fiem-Ofio&er  6th  to  the  3^ 
vf  November  following. 


316  ^The  Parliamentary  HISTORY 

.c  ready  Concurrence  of  the  King's  loyal  Subjects,  (o- 
'  wards  the  Furtherance  of  thofe  his  important  Under- 
'  takings.  For  all  which,  as  the  King  did  now,  by  him, 
'  return  them  his  hearty  Thanks,  fo  he  let  them  know 
'  that,  for  his  Part,  he  was  refolved  to  feekthe  common 
'  Peace  and  Tranquillity  of  all  his  People;  efpecially 
'  by  enforcing  a  due  Obfervance  of  all  good  and  whole- 
*  fome  Laws,  and  amending  fuch  of  them  as  fhould  be 
'  thought  defective  ;  as  alfo  by  eftablifhing  new  ones  as 
'  Neceffity  fhould  require.' 

They  then  proceeded  to  appoint  Receivers  and  Try- 
ers  of  Petitions  for  England,  Ireland,  Wales,  &c.  as 
alfo  for  Aquitain,  and  other  Foreign  Countries.  Which 
done,  the  King  himfelf  fpoke  to  the  whole  Aflembly  ; 
and  this  Speech,  being  a  very  remarkable  one,  and  the 
firft,  on  Record,  that  ever  came  from  this  King,  we 
fhall  give  verbatim,  as  near  as  the  Nature  of  the  two 
Languages  will  admit  of;  obferving,  that  the  Speech  is 
not  entered,  in  the  Record,  as  the  King  fpoke  it,  but 
only  as  the  Subftance  of  what  he  did  fpeak. 


King's        "JTT'Hereas  perfonal  Citations,  weak  and  falfe  Suggef- 
tioM    have  hee"      ''°m  *°  D        mttde  t0  tkf  *'* 


iThe 

t 

jnents  of  the  See  ctgainjl  all  Manner  of  Perjons  in  this  Realm,  for  Caufes 
•f  Rome.  connviffable  in  the  King's  own  Court  ;  and  that  Provifions, 

made  in  the  Court  o/"Rome,  have  been  procured  for  Bene- 
fices in  Holy  Church,  belonging  to  the  Difpofal  and  Dona- 
tion of  the  King  and  oihtr  Patrons  in  this  Kingdom  ;  and 
alfo  to  Churches,  Chapels,  and  other  Benefices  appropriated 
•to  Churches  Cathedral  and  Collegiate,  Abbies,  Priories, 
Chantries,  Hofpitals,  and  other  poor  Houfes  ;  by  which 
•Suggejiions  the  Laws,  Ufftges,  and  antient  Cujloms  and 
Franchifes  of  this  Realm  have  keen  very  greatly  objlruti- 
ed  ;  the  King's  Crown  and  Dignity  debajed  ;  bis  Perfon 
fcandalized  ;  the  Goods  and  Riches  of  the  Kingdom  tranj- 
ported  ;  the  Houfes  and  Dwellings  on  Livings  wajhd  and 
defiroyed  ;  Divine  Service,  Alms,  Hospitality,  and  other 
Works  of  Charity,  either  neglefted  or  lejfened,  and  a  Mul- 
titude of  other  Evils  and  Mifchiefs  muji  happen  and  daily 
come  upon  us  :  For  which  Reafon  the  King  prays  the  Pre- 
lates, Dukes,  Earls,  and  Barons,  from  whom  he  had 
Always  found  Loyalty  and  good  Counfel,  that  they  would 
him  as  to  theje  Grievances  agalnjl  him,  the  Rights 

cf 


of   E  N  G  L  A  N  D.  317 

efbis  Crown,  and  of  fever  al  other  Perfons  In  the  Realm:  K.  Edward  III* 
'That  they  -would  confult  together  firjl,  and  afterwards 
with  the  Commons,  and  come  all  before  him  in  the  White 
Chamber,  and  give  htm  fuch  Advice  as  feemed  left  to 
preferve  his  Dignity ,  the  Rights  of  his  Crown,  and  thofe 
of  his  People. 

Three  Days  after  the  whole  Body  came  before  the 
King  as  directed,  and  brought  with  them  a  Bill  they 
had  framed  againft  thofe  Papal  Encroachments,  of  which 
an  Act  was  made  and  pafled  in  this  Parliament. 

The  Reafon  of  the  King's  delivering  this  Injunction      [  297  ] 
to  his  Parliament,  viva  Voce,  was,  becaufe  any  Man,  of 
lefs  Degree  than  himfelf,  would  have  been  in  Danger  Whereupon  an- 

c         i?      i    r    n-      i  /-»      r         c       ^    •         •  A       \  -L  other  Statute  it 

of  an  Eccleiiaitical  Cenlure  for  doing  it.     An  Act  vvasmadeagajnft«.h« 

however  made  accordingly,  and  pafTed  this  Seflion,  Pope's  Provlfi- 
which  may  be  found  in  our  printed  Statute-Books,  agree-  cns« 
ing  with  the  Record  ;  except  that,  as  the  Editor  of  the 
Abridgment  obferves,  his  Holinefs  is  ufed  with  much 
more  Freedom,  by  feveral  biting  Exprefftons  in  the  Re- 
cord, which  are  not  to  be  found  in  the  Print;  a  My- 
ftery,  adds  he,  not  known  to  all  Men  a.  This  feems  to 
be  an  unjuft  Reflection  of  that  good  Proteftant  Mr. 
Prynne  ;  for  whoever  will  take  the  Pains  to  compare  the 
one  with  the  other  will  find  no  fuch  Difference  as  he 
fpeaks  of. 

The  Petitions  of  the  Commons,  with  the  King's  An- 
fwers  to  them,  come  next  in  the  Proceedings  of  this 
Parliament ;  the  moft  remarkable  of  which  are  thefe  : 

*  The  Commons  pray,  That  35.  4.0".  laid  upon  every 
'  Sack  of  Wooll  at  Calais,  and  all  other  unreafonabie 

*  Tmpofitions,  may  ceafe.'     Anfvver.  The  King  willetb 
that  unreafonabie  Impofttions  may  ceafe.    It  was  alfo  then 
agreed,  That  the  Staple  being  removed  from  Calais,  one 
(hould  be  held  at  Melcomb- Regis,  and  another  at  //>/- 
wich  ;  and  that  all  Merchants  and  others   might  ihip 
Wo